STATE OF J&P Vs. MANI RAM AND ORS.

JUDGEMENT

(1.) Being aggrieved of the judgment of learned Sessions Judge, Kathua in File No.25/Session titled 'State Vs. Mani Ram and ors.' dated 30.12.2013 whereby acquitting all the five respondents (hereinafter to be referred to as 'accused'), State has preferred Cr. Acq. Appeal No.167/2014.

(2.) We have sought the assistance of Mr. Moza, learned Addl. AG, on the merits of the main case and read the impugned judgment minutely.

(3.) Prosecution case, in brief, is that on 28.02.2004, a police party headed by Kamal Dev Khajuria was on official duty in connection with investigation of case FIR No.64/2003 registered under Section 457/380 RPC and during investigation, they arranged a raid at 2130 hours to nab the son of accused No.2 whose involvement in said case was suspected. The accused started abusing the police party and while being armed with lathies and Darat, they attacked the police party. Accused No.1 hit Constable Bhagwan Singh on his head with a Darat as a result of which he got injured seriously. The other accused assaulted him with lathies which damaged his rifle No.16420456. This incident led to registration of case and during investigation samples of blood stained soil, unstained soil and the clothes of the victim were seized. On disclosure of accused No.1 a lathi was recovered. Accused No.2 produced a darat before police while as other accused produced lathies. Seizures were affected. After conclusion of evidence complicity of accused in commission of offence was established and charge sheet was filed in the Court. Accused were charged sheeted on 08.12.2004 for offences and pursuant to their pleading not guilty, prosecution has examined nine witnesses namely PWs Dr. B. L. Gorka, Kamal Dev Khajuria, Sudhir Singh, Constable Joginder Pal, Rajinder Kumar, Prithipal Singh, Ajit Singh, Kuldeep Kumar, & Shamsher Singh to support the charges against the accused. Statements of accused persons were also recorded under Section 342 Cr.P.C. and they have produced DW-Kaka Ram, in defence. The brief resume of prosecution witnesses is as under:-