STATE OF J&K Vs. BANSI LAL AND OTHERS

JUDGEMENT

(1.) This acquittal appeal has been filed against the judgement dated 31.08.2005 passed by the trial Court by which respondents have been acquitted of the offence under Section 302/147/149 RPC.

(2.) The prosecution story in nutshell is that on 21.06.2000 at about 7 p.m., deceased Sham Lal along with his son Suresh Kumar had gone to a spring situate in his land to take bath. One Bansi Lal, who happens to be the brother-in-law of the wife of the deceased was having enmity with him on account of land and house and has constructed a wall on their land. Thereupon the deceased Sham Lal raised a protest and asked him not to raise construction of the wall. Thereupon, aforesaid Bansi Lal got infuriated and started abusing the deceased and thereafter the deceased was mercilessly beaten by the respondents with legs and fist blows and ultimately he succumbed to the injuries in the hospital on 23.06.2000.

(3.) On information being furnished by the wife of the deceased, namely Vaishno Devi, FIR was initially lodged under Sections 307/147/149 RPC, which was later on converted to Section 302 RPC. The police after completion of the investigation filed charge-sheet against the respondents. The trial Court vide impugned judgment has acquitted the respondents.