Judgment

Tashi Rabstan, J.—The order of acquittal of the accused dated 28.03.2014 is sought to be challenged by the appellant-State in accompanied appeal. As the appeal has been filed after the expiry of period of limitation, application on hand has been filed seeking condonation of delay in its filing. The appellant has also filed an application seeking special leave of this Court to file the appeal against the acquittal. The application seeking condonation of delay is required to be considered and decided and in case sufficient cause is shown, only thereafter the application to grant leave to file appeal and Appeal would be taken up for consideration. The respondent was acquitted facing trial before the trial Court for the offence punishable under Section 302 RPC.

2. The brief case of the prosecution was that on 03.09.2021, one Mohd. Afzal lodged an oral report with Police Station Kalakote that on the said date at about 12.15 pm, he along with his brothers namely Mohd. Akram and Mohd. Iqbal were grazing the cattle in his field, when Mohd. Shabir, Fazal Hussain, Shaheen Akhter, who were having enmity with him regarding the land on spot, came there armed with ‘Pathi’ ‘Tavvar’, ‘Lat