JUDGMENT :

1. This criminal revision has been filed by the State against the order/judgment dated 30th August, 2007 passed by learned Principal Sessions Judge, Rajouri in case titled Shamsheer Hussain vs. State by virtue of which appeal filed by the respondent herein has been allowed and accused (respondent herein) has been acquitted.

2. Appellant-State has challenged the impugned order dated 30.08.2007 on the ground that learned Sessions Judge has mis-appreciated and misconstrued the law attracted to the facts of the present case; that the court below has committed grave error of law, which has resulted in passing of the impugned judgment; that the prosecution has successfully proved the allegations levelled against the respondent herein and the oral and documentary evidence produced during the trial has undoubtedly established the commission of alleged offences by the respondent herein.

3. The prosecution case in brief is that on 12.03.2001, SHO Police Station Rajouri gave a telephonic message to Police Station Thanamandi that a matador bearing registration no.JKO2D/1549 was destined from Kalakote to Plunger and because of rash & negligent driving of driver Shamsheer Hussain met wit