SANJEEV KUMAR, RAJESH SEKHRI
State of J&K – Appellant
Versus
Sham Sunder – Respondent
JUDGMENT :
Rajesh Sekhri, J.
1. Challenge in this appeal has been thrown to judgment dated 18.08.2007 propounded by learned 1st Additional Sessions Judge, Jammu (hereafter referred to as 'trial court'), in File No. 315/Challan titled 'State v. Sham Sunder & Ors.' and FIR No. 123 of 2001 of Police Station, Bahu Fort Jammu, for offences under sections 302, 307, 332/34 of RPC, vide which, respondents have been acquitted of the charges.
2. Shorn of verbosity, the appellant/prosecution case is that on 09.07.2001, at about 12:50 midnight Police Post, Narwal Bala received oral information from SPO Ashok Kumar that on 08.07.2001, while he along with Sher Mohammad, 343-J were on patrolling and reached near transport Yard, Sunjwan at 11:30 p.m., they found 10 to 15 persons present outside their Jhuggies (Shanties) and they were asked to go inside. However, one of them, namely, Sham Sunder (respondent No. 1), in furtherance of criminal intention made an assault on the police party, hurled abuses and they refused to go to their Jhuggies. When they again exhorted them to return to their Jhuggies, the said accused, namely, Sham Sunder attacked Ashok Kumar on his head in furtherance of criminal inte
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