JUDGMENT :

1. This appeal has been filed against the order of acquittal passed by the learned Principal Sessions Judge, Rajouri, in File No. 10/Cr. Appeal in case titled ‘Pritam Singh and others vs. State of J&K’ on 01.11.2008, whereby the conviction recorded by the trial Court vide order dated 31.07.2003, has been set aside and the accused/respondents were acquitted. The said order of acquittal, passed by the learned Principal Sessions Judge, Rajouri, has been challenged in this appeal, precisely on the ground that the trial Court, after properly appreciating the evidence, convicted the accused/respondents vide judgment dated 01.11.2008 and sentenced them to imprisonment.

2. There was enough substantial evidence on record to justify the conviction so recorded by the trial Court but the learned Sessions Judge, has by misappreciating the evidence of the prosecution witnesses acquitted the accused by setting aside the judgment passed by the trial Court. The order of acquittal, thus, recorded in appeal is bad in law and against the evidence.

3. I have heard the learned counsel appearing for the appellant and also gone through the evidence recorded by the trial Court as well as the judgme