The prosecution must prove its case beyond a shadow of doubt and cannot rely solely on the admissions made by the accused. Thorough investigation and the establishment of crucial links in the chain of events are essential.

JUDGMENT :

PUNEET GUPTA, J.

1. Feeling aggrieved of the judgment dated 30.03.2010 passed by learned Additional Sessions Judge, Doda, acquitting all the accused/respondents herein of the offences punishable under Sections 302/34 RPC and 20/27 Arms Act, the State has preferred the instant criminal acquittal appeal.

2. Learned State counsel has assailed the impugned judgment reiterating the grounds averred in the memo of appeal. It is stated that the judgment impugned is against the facts and law, and the learned Additional Sessions Judge has not appreciated the evidence in its right perspective. Both direct and circumstantial evidence produced by the prosecution clearly establish the involvement of accused in the commission of crime. With these submissions, learned counsel prays for allowing the appeal and setting aside of the impugned judgment.

3. Per contra, learned counsel appearing for the respondents/accused has supported the impugned judgment of the trial Court stating that the said judgment is based on proper appreciation of evidence on record and the instant acquittal appeal filed by the State deserves rejection out rightly.

4. Heard learned counsel for both the sides and gone through the impugned judgment and the evidence minutely.

5. It is pertinent to mention herein that this acquittal appeal shall survive qua respondent Nos. 1 to 3 only in view of the statement of learned counsel for the respondents that respondent No. 4 has died during the pendency of the appeal.

6. FIR No. 21/2005 was registered with Police Station, Gandoh on 10.06.2005 as one constable, Javed Iqbal 1476 SGCT died on spot due to gunshot as some unknown militants had opened indiscriminate firing on SOG mobile group which had gone to Tanta area for search operations from Police Station, Thathri. The incident is stated to have taken place at Shadal Top, Draman Tanta. The usual investigations took place in the matter and included preparation of site plan, seizure of articles including ten empties from the spot and recording of statement of witnesses. During investigation, it was found that the killing had been engineered by the accused persons and was not an act committed by the militants. As per investigations, the accused persons were members of mobile group and two of the accused, Mukhtar Ahmed and Mohd. Rafiq had contacted Shamim Thool through wireless set and they were called at Bhunjwan and there the conspiracy was hatched to eliminate the victim and shift the blame on militants. In pursuance to the conspiracy hatched on 06.06.2005 the accused persons took Javed Iqbal for operation, visited the house of Javed Iqbal and despite warning from the father of the deceased to his son Javed Iqbal not to have any operation with the persons as the accused Mohd. Rafiq was surrendered militant and the activities of other accused were also suspicious. The accused took Javed Iqbal with them on 08.06.2005 and on 10.06.2005 the victim was shot dead at Shadal Top, Draman Tanta using the arms and ammunition which were issued to them. On the completion of investigation, the challan was produced against the accused persons under Sections 302/34 RPC read with Sections 20/27 Arms Act. The accused Mohd. Rafiq who was initially proceeded under Section 512 Cr.P.C. was also produced in the court. The charges were framed against the accused persons for the aforesaid offences who pleaded not guilty to the charges and claimed trial. The prosecution produced witnesses in support of its case. The resume of the statements of the prosecution witnesses is as under:

7. PW-1 Abdul Latief is witness to the seizure memo, receipt of dead body of deceased Javed Iqbal and identification memo exhibited as EXPW-GH, EXPW-GH-I and EXPW-GH-II respectively.

8. PW-2 Ghulam Hussain is also witness to the aforesaid seizure memos.

9. PW-3 Bhushan Kumar who was In-charge Police Camp Thathri has deposed of issuance of AK-56 and ammunition to Mohd. Rafiq and to Mukhtar Ahmed. The accused as members of mobile