Judgment

Sanjay Dhar, J.—The instant appeal is directed against the judgment dated 18.09.2006 passed by the learned Principal Sessions Judge, Poonch, whereby accused/respondent No.1, namely, Javed Iqbal has been acquitted of the charges for offences under Sections 302, 307, 429, 436, 147, 148, 149 and 120-B RPC read with Sections 7/25, 26 and 27 of the Arms Act.

2. Briefly stated the case of the prosecution before the Trial Court was that the complainant, namely, Khalid Mehmood lodged a report with the Police Station, Surankote, alleging therein that during the intervening night of 28th and 29th June, 1999, 15-20 persons entered his house located at Mohra Bachai, Surankote. The said persons after conducting search of the house came out of it and after 10-15 minutes re-entered the house, abused the father of the complainant, whereafter they started spraying bullets upon sixteen inmates of the house. The assailants are alleged to have sprinkled petrol upon the dead bodies and set them on fire along with the house. The complainant, his wife, PW-Shoukat Ahmed and Changez Khan, who were staying towards the back side of the house, escaped from there through a window.

3. On the basis of t