(1.) By way of the the instant Appeal, the respondent has laid a challenge to the decision dated 18th August, 2014 passed by the learned 2nd Additional Sessions Judge, Jammu in the case arising out of FIR No. 126/2009 registered at Police Station, Bahu Fort, Jammu for commission of offence under Section 307 of the Ranbir Penal Code. By this judgment, the learned trial Judge held that the prosecution had miserably failed to establish the allegations against the respondent who had been charged for commission of the offence of murder and acquitted him there from.
(2.) The case of the prosecution to the extent necessary is encapsulated hereafter.
(3.) Head Constable Taru Ram along with the patrol party rushed to the spot and found Ashok Bhadur, an employee of Kashmir Auto Petrol Pump, Narwal, lying in a pool of blood with severe head injury. The victim was unconscious and was shifted to Government Medical College Hospital, Jammu. A docket was separately sent to the Police Post Narwal. Based on this information, FIR No. 126/2009 was registered by the Police Station, Bahu Fort, Jammu on 24th May, 2009 for commission of an offence under Section 307 RPC.