JUDGMENT :

Sanjeev Kumar, J.

1. The State of Jammu and Kashmir (now Union Territory) is in appeal against the judgment of acquittal dated 24th June, 2010 passed by the learned Additional Sessions Judge, Doda [“the trial Court”] in file No.21/Sessions titled State v. Adul Hamid and others, whereby the respondents-accused have been acquitted of the charge under Section 302, 307, 34 RPC.

2. Briefly put, the case set up by the prosecution for trial against the respondents-accused was that on 24th August, 2004, the police of Police Station, Gandoh received a wireless message from Incharge Police Post, Kahara that some unknown militants had hurled an RPG on police picket with a view to killing CRPF personnel. The RPG, however, missed the target and blasted in the house of one Mohd. Hanief due to which his two children, namely, Nassra Banu and Baber aged 1 1/2 years and 9 years respectively were injured and succumbed to the injuries on spot and that the wife of Mohd. Hanief, namely Shahida Begum was seriously injured and taken to Thathri hospital for treatment. It was reported that Mohd. Hanief, too, was injured in the incident and was under treatment at Kahara.

3. On the basis of this inform