JUDGMENT :

Puneet Gupta, J.

The appellant-State has filed the appeal against judgment dated 11.12.2012, passed by the court of learned Sessions Judge, Poonch, whereby the respondent has been acquitted of the charges framed under Sections 302/449 RPC read with Sections 7/25/26/27 Indian Arms Act on the grounds: that the judgment is against law and facts of the case; that the trial court has misappreciated the prosecution evidence and misconstrued the law attracted to the facts of the case. The appellant seeks reversal of the impugned judgment and consequently conviction of the respondent.

2. The respondent has appeared in the appeal and is represented through counsel.

3. Before proceeding further in the appeal, it is profitable to provide the brief facts of the prosecution case projected before the trial court.

4. The Police Station, Surankote, received an information that Mushtaq Ahmed SPO was deputed at village Khaitan Draba along with two other SPOs. Mushtaq Ahmed along with two other SPOs was present in his house at Khaitan Draba and at about 12.30 AM some militants including Mohd. Taj entered his house. Mohd. Taj is the LET commander of the said organization and was accompanied