STATE Vs. MOHD. HANIF

JUDGEMENT

(1.) State is aggrieved of the acquittal earned by Mohd. Hanif S/o Abdul Rashid R/o Village Tharal, Tehsil Mahore, District Udhampur (for brevity 'accused') vide impugned judgment dated 22.12.2005 of learned Additional Sessions Judge, Reasi in case FIR No.35/2001 registered in Police Station Mahore for the offence under Section 302/307/452 RPC& 7/25 Arms Act, therefore, Cr. Acq. Appeal No.24/2006.

(2.) As per the prosecution, FIR No.35/2001 for offences under Sections 302/307/452 RPC& 7/25 Arms Act was registered on 30.03.2001 in the Police Station Mahore ; it has been stated therein that an information was received on 30.3.2001 from reliable source that on night intervening 29th& 30th of March, 2001 some unidentified militants entered into the house of Abdul Rashid and opened indiscriminate firing. In the said firing Ghulam Fatima W/o Abdul Rashid expired on the spot, where as Abdul Rashid sustained grievous injuries and thereafter succumbed to the same. In the said occurrence, Mst. Zaitoon Bano D/o deceased Abdul Rashid also sustained injuries.

(3.) After the investigation, police came to the conclusion that the accused Mohd. Hanif was having inimical relations with the deceased Abdul Rashid as they were having dispute over land for a long time and it is due to this enmity the accused persons namely Mohd. Hanief, Mohd. Hussain and Gulam Hussain entered into the house of deceased Abdul Rashid at 8 p.m. on 29.03.2001 and committed the offence. Finding the accused guilty of the offences, the challan was filed by the Police against the accused persons in the Court.