STATE OF J&K Vs. MUNEER HUSSAIN AND ANOTHER

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the appeal is heard finally.

(2.) The prosecution story briefly stated is that the complainant filed a written report on 24.08.2001 before the SHO, Police Station, Poonch, that the complainant and the respondents are the residents of same village and the respondents after restraining his brother Mohd. Azeem Sain Mohd. in a thoroughfare attacked his head with an Axe and caused two blows of Axe upon him with the intention to kill him. Thereafter complainant took his brother to Hospital for treatment. On the basis of the aforesaid written report, FIR for the offence under Sections 307/341 of the RPC was registered against the respondents and the investigation commenced. The police after completion of the investigation filed charge-sheet against the respondents.

(3.) The prosecution in order to prove its case examined prosecution witnesses, namely, PW-1, Mohd. Sadiq, PW-2 Mohd. Azeem, PW-3 Abdul Qayoom, PW-4 Abdul Rizaq, PW-5 Mohd. Rashied, PW-6 Abdul Khaliq, PW-7 Muzamal Hussain, PW-8 Sadhu Singh, PW-9 Abdul Ghani, PW-10 Dr. G. S. Bindra, PW-11 Dr. Nusrat Bhatti and PW-12 Bihari Lal. The trial Court, however, vide impugned judgment has acquitted the respondents of the offences alleged against them.