Per J. P. Singh, J.

1. Judgment dated 03.02.2000 and Order dated 04.02.2000 of learned Additional Sessions Judge, Ramban, (hereinafter referred as Trial Court), has been questioned in Criminal Appeal No. 02/2000 by the accused and in Criminal Acquittal Appeal No. 26/2000, by State of J&K.

2. Whereas, the accused seek their acquittal under Sections 304 Part- II, 307, 342 and 149 R.P.C., the State seeks their conviction under Section 302 R.P.C., besides other offences they committed, which resulted in death of Krishan Lal and severe injuries to Isher Singh.

3. We have heard Sh. O. P. Thakur, learned counsel appearing in support of the appeal and Sh. S. C. Gupta, learned Additional Advocate General, appearing for the State.

We will first examine the prosecution case.

PROSECUTION CASE: -

4. A written report was lodged by one Vishwa Nath S/o Shiv Saran, Caste Thakkar R/o Chakwa, Batote, on 20.05.1993. It was alleged in the report that one Amar Nath S/o Roda, Caste Gaddi, and his sons nursed an old enmity with the complainant and his sons in respect of a dispute over a piece of land. Dispute is pending in different Courts. One of such case is pending adjudication before Deputy Commissioner, Do

Click Here to Read the rest of this document