Hasnain Massodi, J.

1. What is evidentiary value of statement of a witness recorded under Section 164-A Code of Criminal Procedure, who passes away before appearing in witness box, is the question raised in Criminal Revision Petition on hand. Trial Court, while recording judgment of acquittal, did not take notice of statement of deceased recorded by Chief Judicial magistrate, Ganderbal, on 13th September 2012 under Section 164-A Cr.P.C., during investigation of the case. Statement of deceased (victim) was not even put to accused-respondent herein, under Section 342 Cr.P.C. and he offered an opportunity to put forth his explanation. The Trial Court omitted to put the statement to the respondent, notwithstanding the fact that P.Ws. Sakina and Imtiaz Ahmad, stated that such a statement was made by victim before and recorded by Chief Judicial Magistrate, Ganderbal. Controversy arises against following backdrop.

2. Mst. Sakina wife of Late Mohammad Shafi Famda resident of Garkul, Arhama, Ganderbal-petitioner herein, on 11th September 2012, lodged a written report with Police Station Ganderbal, alleging that respondent-accused No. 1, sometime before the report was lodged (April 2