STATE OF J&K Vs. BHAG KOUR

JUDGEMENT

(1.) This acquittal appeal has been filed by the State against judgment impugned dated 27.10.2006 passed by learned 2nd Additional Sessions Judge, Jammu in case FIR No.303/96 for commission of offence under Sec. 302 RPC registered with Police Station, R. S. Pura, by virtue of which respondent-Bhag Kour has been acquitted for offence under Sec. 304(II) RPC.

(2.) In the memo of appeal it has been stated that judgment impugned dated 27.10.2006 is against the law and facts as the learned Sessions Judge has mis-appreciated the evidence and mis-construed the law attracted to the facts of the case while dealing with the matter. It is stated that the learned Sessions Judge has committed grave error in law while acquitting the accused. It is further stated that prosecution has successfully proved the allegations levelled against the accused by way of oral and documentary evidence produced before the trial.

(3.) In short, the case of the prosecution on which the trial against the accused-Bhag Kour proceeded was as follows:-