JUDGMENT :

VINOD CHATTERJI KOUL, J.

1. The present appeal is directed against the judgment of acquittal dated 16.09.2009, passed by the learned Additional Sessions Judge, Kathua, (for short “Trial Court”) by virtue of which the respondent has been acquitted from commission of offences punishable under Sections 302 RPC and 4/25 Arms Act in FIR bearing No. 10/2004 of Police Station, Kathua.

2. Appeal has been filed, inter-alia, on the ground that the judgment is bad in the eyes of law as the prosecution has succeeded to prove the motive behind the murder of the deceased. It is stated that the Trial court has failed to appreciate the prosecution evidence in its true and correct perspective. It is also stated that the learned Trial court has ignored the pieces of evidence as well as medical report that are the sufficient proof of involvement of the accused/respondent. It is submitted that the impugned judgment is based on surmises and conjectures inasmuch as it has taken a hyper technical approach.

3. The brief resume of prosecution case is as under.

4. PW-1 Roop Lal telephonically info