JUDGMENT :

1. Instant Criminal Acquittal Appeal is directed against the judgment and order dated 28.08.2015 rendered by Ld. Sessions Judge Bhaderwah in case File No. 09/Sessions titled State of J&K Versus Swarn Singh @ Titti and another, whereby, respondents (accused) have been acquitted of the charges leveled against them in FIR No 05/2002 of police station Gandoh for commission of offences U/Ss 302/34 RPC.

2. Aggrieved of and feeling dissatisfied with the impugned judgment and order dated 28-08-2015, appellant State of J&K has questioned it’s legality, propriety and correctness, and has sought it’s setting aside/quashment on the following grounds;

(i) that the judgment impugned is contrary to law and facts which has been passed by the Trial Court in a mechanical manner without appreciating the circumstantial and other evidences available on record;

(ii) that the Trial Court has failed to appreciate the prosecution evidence and the conclusion drawn by the trial court is against the weight of evidence, whereas, the occurrence has been proved by the prosecution;

(iii) that the Trial Court has rendered acquittal in favour of respondents/accused which is bad in the eyes of law, the im