ORDER :

1. This appeal under Section 417 Cr.P.C. is directed against order dated 18.11.2008 passed by learned Principal Sessions Judge, Udhampur in case titled State vs. Sham Din and Others by virtue of which the respondents have been acquitted for commission of offences under Sections 456/302/34 RPC registered at Police Station Chennai by giving them a benefit of doubt.

2. Prosecution case in brief as emerging out from the perusal of the record is that one Alma Bibi was married to Ghulam Ali - brother of accused, and sister of accused, namely, Zaitoon Bibi with deceased. The relation between Ghulam Ali and Alma Bibi turned bitter after some time, which resulted in divorce of Alma, succeeded by acrimonious relation between two families. In settling of scores, deceased started maltreating his wife. The continuous maltreatment of sister of deceased at the hands of deceased made accused inimical towards him and at number of occasions they extended threats to the life of deceased. In the evening of 25.11.2006, deceased quarreled with his wife and also threatened her, whereupon along with her children went to the house of the accused. It was about 10.30 PM when the accused persons with intention to murder the deceased barged into his house and assaulted him with fists and blows. On account of internal injuries, the deceased died on spot. The occurrence was reported to Police Station Chennai, next day in the morning at 5 AM by ex-Sarpanch Sanjay Kumar on telephone, upon which FIR u/s. 452/302/34 RPC was registered and investigation of the case assigned to PW-Ram Dass Sub Inspector, who went to spot and prepared the site plan. He found the I-card of accused Shams Din and right shoe of accused Mohd. Bashir near the dead body, which were seized by him in presence of PWs Bag Ali and Mohd. Babu. The dead body was shifted to Chennai Hospital for postmortem. As per postmortem report deceased died on account of injuries sustained to vital organs including spinal cord, testicles and rupture of spleen. On the same day accused were arrested and statement of PW-Jamal Din, father of deceased, who reiterated the prosecution version, narrated herein above and inter alia, stated that when accused entered his house, he was sitting in one room along with the deceased. There was none else present in the house as his wife had gone to house of her daughter. The house of PW-Mohd Babu is close to his house. The accused persons besides thrashing deceased with fists and legs, twisted his neck. When he raised hue and cries, PW-Mohd Babu came to spot along with his wife and mother PWs. Bano and Hussain Bibi. At that time accused were still assaulting deceased. Thereafter, PW-Bag Ali also came to spot. All the witnesses tried to rescue the deceased, but accused persisted in assaulting him, who succumbed to the internal injuries. Upon raising hue and cries, the villagers came to spot, whereupon accused ran away. I.O. also recorded statements of PWs. Mohd. Babu, Bagh Ali, Bano, Hussain Bibi, Sanjay Kumar, Lal Hussain, Shamsher Singh, Mirza Mohd. Atar Bibi Ali Hussain, Shanker, Manzoor Hussain, Nazir Ahmed Shan, Parvez Akhter, Mohd. Latif, Mohd. Sharief, Zaitoon Bibi, Sher Ali, who supported prosecution case. After completing investigation, case was presented against accused in the court of learned Judicial Magistrate, Chennai, who committed it to learned Principal Sessions Judge, Udhampur. Charges under Sections 456/302/34 RPC were framed against accused, who pleaded not guilty and claimed to be tried.

3. The prosecution in order to prove its case examined all listed prosecution witnesses, except PWs. Lal Hussain, Ali Hussain, Parvez Akhter, Sher Ali, who have been given up. The Sessions Court vide impugned judgment has acquitted respondents of offences alleged against them. Being aggrieved, instant appeal has been filed.

4. It is contended on behalf of the State that Sessions Court has ignored the important pieces of evidence. The judgment is based on conjectures a