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2022 Supreme(J&K) 205

RAJNESH OSWAL, MOHAN LAL
State through Police Station Nowshera Rajouri – Appellant
Versus
Balbir Singh S/o Bhola Ram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sh. Bhanu Jasrotia, GA
For the Respondent:Sh. Raghubir Singh, Advocate

JUDGMENT :

MOHAN LAL, J.

1. Instant Criminal Acquittal Appeal is directed against the judgment and order dated 31.07.2014 rendered by the Court of learned Principal Sessions Judge Rajouri (hereinafter referred to as the “trial Court”) in case File No. 30/Challan titled, “State VS. Balbir Singh”, whereby, the respondent/accused has been acquitted of the charges leveled against him in FIR No. 65/2007 of Police Station Nowshera for commission of offences u/ss 364/302 RPC.

2. Aggrieved of and dissatisfied with the impugned judgment and order dated 31-07-2014, appellant/State has questioned it’s legality, propriety and correctness on the following grounds: –

    (i) that the order of the trial Court is against the law and facts of the case, there is sufficient material on record to convict the respondent/accused, but the learned trial Judge has not appreciated the law and facts of the case, which has resulted into acquittal of the respondent/accused;

(ii) that the prosecution has established the case against the respondent by adducing documentary as well as oral evidence, whic

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