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2022 Supreme(J&K) 291

MOHD. AKRAM CHOWDHARY, SANJEEV KUMAR
State – Appellant
Versus
Basharat Mehmood – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Bhanu Jasrotia.

JUDGMENT :

1. This Criminal Acquittal Appeal by the State is directed against the judgment dated 20.02.2014 passed by the learned Principal Sessions Judge, Rajouri (hereinafter referred to as the ‘trial Court’) in File No. 61/Sessions titled State vs. Basharat Mehmood whereby the respondent-accused has been acquitted of the charges under Sections 302/307/120-B/121-A RPC, 3 PSS Act.

2. Before we advert to the grounds of challenge urged by the appellant in support of the appeal, it is necessary to notice brief resume of prosecution case:

    On 11.03.2003 at about 7:20 pm, sound of a blast was heard at Police Post Rajouri. Om Parkash (SI) In-charge Police Post, Rajouri came to know that a blast has taken place in the Sweet Shop of Ashwani Kumar situated at City Chowk Rajouri in which a number of persons have been injured and Ashwani Kumar has died on spot. The blast has been caused by antinational elements with the aid and assistance of ISI agency of Pakistan with the intention to cause communal tension and to damage the solidarity and integrity of the Country. A case for commission of offences u/sections 302/307/120-B/121/124 RPC was registered and the investigation commenced. During inves

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