STATE Vs. KAMAL NAIN
LAWS(J&K)-1999-11-2
HIGH COURT OF JAMMU AND KASHMIR
Decided on November 17,1999

STATE OF JAMMU AND KASHMIR Appellant
VERSUS
KAMAL NAIN Respondents

JUDGEMENT

ARUN KUMAR GOEL, J. - (1.) This appeal is directed against the judgment dated 27-8-98, passed by Learned District Judge, Kishtwar in a file No. 6/Sessions. By means of impugned judgement respondent who was tried under Sections 307/326/341 R.P.C. has been acquitted, hence this appeal filed by the State.
(2.) Case set up against the respondent giving rise to the prosecution before trial Court was, that on 5-4-95, at about 10.15 a.m. respondent attacked one Varun Kumar near Brahamin Mohalla, Kishtwar. At this time he was armed with sharp edged weapon with which he has caused the injury. This resulted in causing grievous injuries on the person of the said Varun Kumar, he was taken for treatment to hospital. At the same time case was registered on the basis of information received by the police. After recording statements under Section 161 Cr. P.C. and collecting other evidence respondent was sent to face trial.
(3.) After case was committed to the Court of Sessions, charges were framed on 12-10-95. During the course of trial Ved Parkash. Akhter Hussain and Mohd. Iqbal witnesses were produced by the prosecution in support of his case. So far Akhtar Hussain and Mohd. Iqbal PWs are concerned they did not support the prosecution case and it resulted in their being declared hostile,and they were confronted with their previous statements under Section 161 Cr. P.C. So far Ved Parkash is concerned he is neither a witness of occurrence, nor he has done anything in connection with this case. However, it is a fact that he is the father of Varun Kumar injured. Immediately after occurence this witness has gone to hospital when he came to know about his son having been injured.;


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