STATE OF JAMMU AND KASHMIR Vs. MANZOOR AHMED

JUDGEMENT

(1.) State is aggrieved of the acquittal earned by Manzoor Ahmed S/o Mohd. Afzal R/o Gund Thathar, Tehsil Banihal, District Ramban (for brevity 'accused') vide impugned judgment dated 10.12.2013 of learned Principal District & Sessions Judge, Ramban in case FIR No.39/2003 registered in Police Station Banihal for the offences under Section 364/302/450/201 RPC and 7/27 Arms Act, therefore, Cr. Acq. Appeal No.150/2014.

(2.) Prosecution case is that on 08.04.2003 at about 11 PM, it was revealed from reliable sources that during the intervening night of 7th/8th of April, 2003 some unidentified masked militants armed with illegal arms and ammunition trespassed into the house of Abdul Latief and in furtherance of common intention beat and kidnapped his wife. It also surfaced that the abducted person was taken about 1 KM away at Jamihal and was shot dead.

(3.) Court below after hearing the prosecution and accused, dismissed the challan on the grounds that there are hearsay witnesses; that material witnesses have been turned hostile; victim in the case has given altogether a different story.