STATE Vs. MOHD SULTAN

JUDGEMENT

(1.) By way of the instant appeal, a challenge has been pressed against the judgment dated 27th May, 2016 passed by the learned Sessions Judge, Bhaderwah in the case arising out of FIR No.96/2012 registered by Police Station, Bhaderwah on 23rd July, 2012 under sections 302/323/147/148/149 of the Ranbir Penal Code ('RPC' hereafter).

(2.) We have heard Mr. F A Natnoo, learned AAG for the appellant and Mr. Anmol Sharma, learned Advocate who has been appointed Amicus Curiae, on behalf of the respondent at length. We have also perused the record of the trial court.

(3.) The facts giving rise to the case to the extent necessary are briefly noted hereafter. It was the case of the prosecution before the trial court that on 24th July, 2012, Mahi Gujjar (PW-2) accompanied by his brother Kaya Gujjar (PW-1) lodged a written report with the Police Station, Bhaderwah alleging that on 23th July, 2012, at about 4.30 p.m., he had gone to the Ganottru Dhar area for grazing cattle. The accused party was present there who made a murderous assault on him as well as his brother Sawar Din resulting in injuries to them. Unfortunately, Sawar Din succumbed to his injuries and died on the spot. Mahi Gujjar alleged that he had also received injuries on his head in the said incident.