STATE OF J&K Vs. SUKHVIR SINGH

JUDGEMENT

(1.) The present acquittal appeal is preferred against the judgment dtd. 21/10/2010 passed by the court of learned 2nd Additional Sessions Judge, Jammu (hereinafter to be referred as the trial court) in case titled "State of J&K Vs. Sukhvir Singh alias Babu" whereby the respondent has been acquitted of the charges for commission of offences under Sec. 302 and 452 RPC in FIR No. 30/2004 registered with Police Station, Miran Sahib.

(2.) The appeal has been filed on the ground that there was sufficient material on record to convict the respondent, but the learned trial court has not appreciated the law and facts of the case, which has resulted in un-warranted acquittal of the respondent.

(3.) Mr. Amit Gupta, learned AAG appearing on behalf of the appellant vehemently argued that the PW1-Gurmeet Singh and PW2-Gursharan Kour have categorically stated that it was the respondent who had killed their mother, but despite that the learned trial court acquitted the respondent. He further argued that the weapon of offence was recovered pursuant to the disclosure statement made by the respondent and as such, there was abundant evidence on record to convict the respondent, but the learned trial court has fallen in error of fact as well as law while acquitting the respondent.