STATE Vs. MOHD. FAROOQ

JUDGEMENT

(1.) For the reasons stated in the application which is duly supported by an affidavit, we find that sufficient cause for condoning the delay of 185 days in filing the application seeking leave to appeal is made out. Accordingly, delay of 185 days in filing the application seeking leave to appeal is condoned.

(2.) Prosecution story in nutshell is that the respondent shot dead his wife with his service rifle on 31.07.2010. On first information report being lodged, the police authorities conducted the investigation and filed the charge-sheet against the respondent for commission of offence under Section 302 RPC and 7/27 of the Arms Act. The Trial Court after meticulous appreciation of evidence on record vide impugned judgment dated 15.03.2016 has acquitted the respondent of the offence alleged against him.

(3.) Mr. R.S. Jamwal, Dy. AG submitted that the Trial Court has grossly erred in acquitting the respondent of the offence alleged against him. It is, further, submitted that there is sufficient material on record to convict the respondent and the case against the respondent was established by adducing the documentary as well as oral evidence on record. It is also submitted that the Trial Court has failed to appreciate the prosecution evidence in its true and correct perspective. On the other hand, learned counsels for the respondent have supported the judgment passed by the Trial Court.