JUDGMENT :

VINOD CHATTERJI KOUL, J.

1. The present Criminal Acquittal Appeal has been filed against the judgment dated 30.08.2008 passed by the learned Principal Sessions Judge, Rajouri in File No. 2/Challan in case titled as State versus Vijay Kumar and ten others, whereby the respondents, who were facing trial in FIR No. 157 of 1995 for offences punishable under sections 307/436/452/147/323 RPC, have been acquitted.

2. It is stated that during the pendency of the appeal and trial, Ashok Kumar, Sham Lal S/o Nanak Chand and Gansham alias Shammi Kumar S/o Krishan Lal have died. The trial Court after holding that the prosecution has miserably failed to prove the allegations against the accused dismissed the challan and acquitted the accused. The order of acquittal recorded by the trial Court has been challenged in this appeal by the State precisely on the ground that trial court has mis-appreciated the evidence on record and, thus, erred in acquitting the accused. The prosecution had established the commission of offences against the accused but the trial court without giving due weightage to the evidence passed the order of acquittal. The evidence produced before the trial court establ