JUDGMENT

S.B. Sinha, J. - This appeal is directed against a judgment and order dated 16.09.2005 passed by a Division Bench of the High Court of Jammu & Kashmir in Acquittal Appeal No. 41 of 1997 reversing an order of acquittal passed by the 2nd Additional Sessions Judge, Jammu in Sessions case No. 42 of 1993.

2. The occurrence took place on 09.02.1993 at Village Rakh Muthi, Tehsil Akhnoor. The first informant and his family were about to take their dinner. Allegedly, the complainant party and the accused persons were not in talking terms as the family was said to have been responsible for spreading a rumour in the village that Appellant was maintaining illicit relation with the wife of his brother Kaku Ram. Appellant, Kaku Ram and their father Sunderdas allegedly came to the house of the complainant at 08.30 p.m. on the fateful day. Allegedly, Rattanlal asked PW-Subhash Chander, son of the deceased Santosh Kumar, to come out stating that Kaku Ram was calling him. Subhash Chander thereupon came out followed by the complainant Pamma Ram, deceased Santosh Kumar and PW-Ramesh Chander. Allegedly, when Subhash Chander reached the lane, Kaku Ram asked him as to why he had been creating