STATE OF J&K Vs. CHUNI LAL

JUDGEMENT

(1.) This is an application by the State seeking leave of this Court to file an appeal against the order and judgment of acquittal dated 30.07.2016 recorded by the learned Principal Sessions Judge, Jammu by virtue of which the respondent has been acquitted of the charges u/s 302 RPC. Before appreciating the grounds urged in this application, it would be apposite to take note of the case set up by the prosecution; the evidence recorded and the manner in which it has been dealt with by the learned trial Court.

(2.) The case set up by the prosecution is that on 09.03.2010, PW Chhotu Ram lodged a written complaint with the Police Station, Manwal stating therein that he was the resident of village Chain District Udhampur and his sister namely Vimla Devi Wd/o Late Kapoora Ram was residing at Jitpur Many Tehsil and District Jammu; she was issueless and had a lot of movable and immovable property; there were some persons, who wanted to grab her property and on 09.03.2013 at about 3:30 P.M, the respondent with criminal intention to kill, attacked her with iron drat (pathi) and inflicted blows on her head and arms, which resulted in grievous injuries on her head and arms and she was, therefore, in critical conditions; struggling for life. On the basis of this written report, a case FIR No.35/2013 u/s 307 RPC was registered with the Police Station, Jhajjar Kotli and the investigation of the case was set in motion. The Incharge Police Post, Manwal, Sh. Manzoor Ahmed, Sub-Inspector conducted the investigation and concluded that the respondent, who was a nephew of the husband of the deceased had been bequeathed the landed property of his maternal uncle i.e., husband of the deceased but, after the death of the maternal uncle, namely, Kapoora Ram, the deceased with the connivance of concerned Patwari, had got the mutation attested in her name of the whole of the landed property, thereby depriving the respondent of the benefits under the will and on that account, the respondent was inimical towards the deceased and on 09.03.2013, he killed her by repeatedly giving blows with the iron drat on her head and arms. The deceased later on succumbed to her injuries in the District Hospital, Udhampur. The final report in terms of the Section 173 Cr.P.C. was laid before the learned trial Court, the charge for commission of offence u/s 302 RPC was framed against the respondent on 03.09.2013. Since the respondent pleaded not guilty and claimed to be tried, therefore, the prosecution led its evidence. As is apparent from the record, the prosecution examined 22 out of the 24 cited witnesses. On the conclusion of evidence of the prosecution, the statement of the respondent u/s 342 Cr.P.C. was recorded. The respondent, however, chose not to lead any defence evidence. Accordingly, the matter was heard and vide judgment impugned, the learned trial Court, recorded the order of acquittal in favour of the respondent.

(3.) The State is aggrieved of the order of acquittal and through the medium of this application, has sought leave to file an appeal.