Judgement

Rajnesh Oswal J.—The present acquittal appeal has been preferred by the erstwhile State of J&K, now Union Territory of J&K against the judgment dated 16.05.2017, passed by the Court of learned Principal Sessions Judge, Pulwama, by virtue of which the respondent has been acquitted for commission of offences under Sections 302, 364, 109 RPC and 7/25, 3/25 Arms Act under FIR No. 97/2000 of Police Station, Pampore.

2. The facts, which are necessary for the disposal of the present appeal are that the terrorists Ghulam Muhammad Bhat and Mushtaq Ahmad, with the intention to kill, with the aid and assistance of accused Bashir Ahmad Khanday, succeeded in forcing the deceased to come out of his home and thereafter with the aid and assistance of accused Bashir Ahmad Khanday, the deceased was killed. FIR bearing No. 97/2000 was registered and after the completion of investigation charge-sheet for offences under Sections 302, 364, 109 RPC and 7/25, 3/25 Arms Act, was filed against the respondent and the other two accused namely, Ghulam Muhammad and Mushtaq Ahmad. Both the accused other than the respondent were proceeded against under Section 512 Cr.P.C. The challan was committed to the