STATE OF J&K Vs. MOHINDER LAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 20 -08 -1987 passed by learned Sessions Judge, Rajouri in File No. 26/ Sessions, whereby respondent has been acquitted of the charges under Section 302/ 201 Ranbir Penal -Code. A prayer is made for allowing this appeal by reversing the impugned judgment and consequently convicting the respondent for the said offences

(2.) WITH a view to properly appreciate the respective submissions urged during the course of hearing of this appeal, brief facts giving rise to it need to be noticed.

(3.) ACCORDING to prosecution on 30 -7 -1986 PW1 -Jia Lal lodged a complaint at Police Post Bhobani regarding the fact that Vijay Kumari alias Babli wife of the respondent was missing. Respondent had been residing at two villages viz Kalsyan and Laroka. It was further revealed that the dead body of the deceased was found lying in Patli Nallah. Near -by Dupatta, Nylan Chappal and Handkerchief were also found. In this background police official Incharge at Police Post Bhobani PW -14 Netar Prakash intitiated steps under Section 174 Criminal Procedure Code. As is revealed from the evidence recorded during the course of prosecution since the body was in the process of decomposition, it autopsy was get done at village Bhobani on the bank of the Nallah.