JUDGMENT :

Javed Iqbal, J.

1. The instant criminal acquittal appeal has been filed by the erstwhile State of Jammu and Kashmir (now the Union Territory of Jammu & Kashmir) against the judgment dated 25.02.2012 (hereinafter for short the impugned judgment) passed by the learned Additional Sessions Judge, Udhampur, (hereinafter for short the trial Court) in file No. 05/Sessions in case titled as “State Vs. Shalinder Singh and Ors.” arising out of FIR No. 309/2008 of Police Station Udhampur for offences under Sections 302/120-B/212 RPC, 3/25 & 4/25 Arms Act, acquitting the accused respondents herein facing trial while directing warrants issued against the absconding accused persons to remain in force.

2. Brief Facts

Upon completion of the investigation in FIR No 309/2008 supra the prosecution presented challan for commission of offences under Sections 302, 120-B, 212 RPC and 3/25 and 4/25 of the Arms Act against 10 accused persons before the court of Chief Judicial Magistrate Udhampur on 17.03.2009. The Chief Judicial Magistrate Udhampur vide order dated 17.03.2009 committed the said challan for trial to the learned Principal Sessions Judge Udhampur who transferred the same to the learned