STATE Vs. BASHIR AHMED AND OTHERS

JUDGEMENT

(1.) State is aggrieved of the acquittal earned by Bashir Ahmed S/o Allah Rakha, Ghulam Mustfa and Allah Rakha S/o Hasham Din, residents of Jandial Morha Nakhter Nalla, Tehsil Jammu (for brevity 'accused') vide impugned judgment dated 08.06.2007 of learned 2nd Additional Sessions Judge, Jammu, in case FIR No.135/1995 registered in Police Station Kana Chak, Jammu for the offence under Section 302/341/34 RPC, therefore, Cr. Acq. Appeal No.50/2007.

(2.) The prosecution case, in brief, is that on 18.10.1995, the statement of injured Ghulam Ali was recorded in the Police Station Gharota. In his statement, he stated that he is a resident of village Jandial, Morah Nakheter Nallah, Tehsil and District Jammu. In the morning, he had gone to Akhnoor in connection with domestic work. After finishing his work, he was on way back to his home, at about 6/7 p.m. on reaching near the house of Munir Ahmed S/o Allah Din R/o Jandial, when he of 23 noticed that 1) Bashir Ahmed S/o Allah Baksh 2) Gh. Mustfa and 3) Allah Rakha, residents of Nakheter Nallah, hiding by the roadside. They were inimical to him. They restrained him wrongfully and launched an assault with lathies, stones, fists and feet and he got badly injured in the assault. He raised an alarm and the accused would have killed him. He and his family had a constant threat from them. So he lodged the report. This statement lead to registration of Report some people came on spot and rescued him otherwise No.20 dated 18.10.1995 of Police Station Gharota followed by registration of case FIR No.135/95 under Sections 341/336/323 RPC. Injured was hospitalized in GMC Jammu. Two stones were seized on the identification of wife of injured. Offence under Section 336 RPC was deleted and in the meantime, injured Ghulam Ali succumbed to injuries on 20.10.1995 and offence under Section 302/34 RPC got added. Wearing apparels of deceased, his blood sample were seized. Viscera of deceased were collected for expert examination. During investigation it was revealed that assailants had some enmity with deceased on a patch of land and deceased was an employee in PHE and accused were annoyed with him on irregular/non-supply of water as well. So accused planned to kill the deceased and in furtherance of common intention waylaid him and assaulted him, as a result of which, he got injured seriously and ultimately died. They were arrested and two lathies were recovered at the instance of accused No.1& 2. Complicity of accused in commission of crime under section 302/341/34 RPC was established, so investigation was culminated in the charge sheet before court below.

(3.) Accused were charged under Sections 302/341/34 RPC. They had pleaded not guilty and claimed to be tried. Accordingly, prosecution was directed to lead witnesses.