GANDHI, J. - (1.)THIS Criminal appeal has been preferred against the judgement and order dated 16.3. 2000 whereby learned Additional Sessions Judge, Ramban has convicted and sentenced the accused to undergo life imprisonment and fine of Rupees 3000/ - in such default whereof each accused was to suffer six months imprisonment in addition to substantive sentence imposed.
(2.)THE prosecution story in brief is that on December 25, 1996, Sakhi Mohd. son of Ghulam Mohi -ud -din Naik R/o Paristhan lodged a verbal report with Police Post Ramsu to the effect that during the intervening night of 24th and 25th December 1996, some unidentified persons have killed one Mathura Singh son of Mussadi Ram Thakur R/o Charhalan with gun bullet. The Rifle of the deceased is lying beside the body of the deceased Murder has been committed by unidentified persons because of some enmity or with some purpose. He has been asked by the Chowkidar Ghulam Nabi of the area to lodge the report. Report No. 6 was entered in Roznamacha and copy submitted to Police Station Banihal which came to be registered as FIR No. 164/96 for offence u/s 302 RPC.
(3.)THE Investigating Agency during investigation collected the evidence and produced the challan. The accused pleaded not guilty and were tried. The trial court on appreciation of evidence has convicted and sentenced the accused.
The appeal has been preferred on the grounds that the trial court has neither rightly appreciated the evidence nor applied the law to the facts of the case and on the basis evidence as led by the prosecution, the appellants accused deserve acquittal as the prosecution has failed to connect the accused with the commission of alleged offence.