The burden to prove the offence always rests on the prosecution, and the court may rely on the testimony of a single witness if it is wholly reliable. The quality of evidence is emphasized over quantity, and corroboration of evidence is important in criminal trials.

JUDGMENT :

1. This Criminal Acquittal Appeal has been filed against the Judgment dated 31.10.2016 passed by the Additional District and Sessions Judge, Handwara, hereinafter referred to as the “Trial Court”, in a case titled as State of J&K through SHO Police Station, Handwara versus Mst. Jawahira Begum, in which accused was facing trial for offence punishable under Section 304 RPC. The Trial court has dismissed the challan and acquitted accused holding that charge framed against her has not been proved. The said judgment, whereby accused has been acquitted, is being challenged in this Appeal precisely on the grounds that the impugned Judgment is based on improper appreciation of evidence; that the evidence produced by the prosecution has proved the charge against the accused beyond any shadow of doubt; that the Trial court has not given any reason, muchless a cogent reason while rejecting the evidence of the prosecution; that Judgment is based on total non-application of mind; that the direct as well as circumstantial evidences produced by the prosecution has established the guilt against the accused; that evidence produced on the record before the Trial court proves the guilt, therefore, the accused requires to be convicted and Judgment passed by the Trial court is required to be reversed.

2. Heard learned counsel appearing for the appellant as well as learned counsel appearing for the respondent and I have also gone through the record and evidence produced before the Trial court.

3. The brief facts of the case are that on 24.03.2001, a written report was received by Police Station Handwara, from complainant, wherein it was alleged that accused caused death of Sarwa Begum wife of complainant by hitting her head with a brick shard which caused injury to her head and ultimately because of such injury, she died. According to the complainant, a cow of the complainant had gone to the pasture on 16.03.2001 for grazing purposes and when the cow returned back, it was found by his wife-deceased that their cow has suffered an injury and impairment of the eye and because of that, she raised abusive language against the accused who reside in their neighborhood. Accused caught hold of his wife and assaulted her head with a pacca brick shard causing injury to her. She was admitted in the hospital at Handwara in an injured condition, wherefrom she was referred to SKIMS, Soura, for treatment and she succumbed to injuries on 23.03.2001.

4. FIR was registered on the basis of the complaint as FIR No. 42 of 2001 for commission of offence punishable under section 302 of the RPC. On conclusion of the investigation, charge sheet was filed against the accused for offence punishable under section 304 RPC. The accused-respondent denied the charge and prosecution was directed to produce the evidence to prove charge against the accused. The prosecution produced the witnesses namely, Khazir Mohamamd Malik, Abdul Rehman Mir, Abdul Rashid Mir, Abdul Gani Mir, Abdul Gani Malik, Mst. Amina Bano, Mohammad Iqbal Malik, Abdul Gafoor Malik, Ghulam Mohammad Mir, Abdul Gani Mir, Mohammad Ahsan Wani, whereas, respondent-accused produced Ghulam Mohammad Malik and Mohammad Ayoub Malik as witnesses in defence. It would be appropriate to examine the witnesses hereinafter :

(1) PW-1: Khazir Mohd Malik is the husband of the deceased, whose statement was recorded on 08.11.2002 and 29.05.2003and he stated that about a year back his wife had gone Srinagar and on her return, she found eye of the calf was knocked out and she abused the perpetrator of the act on which accused came upon verandah to attack her on being restrained by him, she extended threat to kill his wife. His wife thereafter, went to vegetable garden and on her return, accused again assaulted her on head with a pacca brick causing injuries and due to the injury blood came from her nose. She also suffered vomiting in the evening, whereafter, he took her to the hospital at Handwara, wherefrom she was referred to th