MOHAMMAD YAQOOB MIR, B.S.WALIA
State – Appellant
Versus
Mohinder Pal – Respondent
JUDGMENT
This appeal is directed against the judgment dated 31.01.2015 passed by the Court of Principal Sessions Judge Samba in case (File No.8/Session) titled State versus Mohinder Pal, FIR No.183/2006 Police Station Kathua. The respondents have been acquitted. Dissatisfied therewith State has chosen to file appeal. Leave sought has already been granted.
2. Heard learned counsel for the parties and considered the materials as available on the records.
3. Case registered as FIR No.183/2006 P/S Kathua on completion of investigation culminated in filing Chargesheet (Challan) against the respondents for having committed offence punishable under Section 302/34 RPC. Respondents were arrested in the year 2008, so remained in custody till the final decision of the trial Court dated 31.01.2015, when they were acquitted.
4. The case against the respondents hinged on circumstantial evidence. Learned Trial Court after appreciating the entire evidence and considering the whole case has culled out the circumstances as were relied upon by the prosecution so as to bring home guilt against the accused. Same are quoted hereinbelow:
1)That a quarrel had taken place between the deceased and the accus
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