JUDGMENT :

OSWAL, J

1. This acquittal appeal arises out of the judgment dated 07.03.2009 passed by the court of learned Sessions Judge, Samba (hereinafter to be referred as ‘the trial court’) in case titled, ‘State vs. Tilak Raj & others’, whereby the respondents have been acquitted of the charges for commission of offences under Section 302, 148, 149 and 447 RPC.

2. The judgment has been impugned by the appellant on the grounds that the learned trial court has not rightly appreciated the evidence led by the prosecution and has acquitted the respondents erroneously.

3. Mr. Amit Gupta, learned A.A.G, has vehemently argued that the learned trial court has not properly appreciated the evidence and once the appellant had proved the commission of offence by the respondents, the learned trial court could not have acquitted the respondents, more particularly in view of the cogent and convincing evidence of the eye witnesses.

4. Per contra, Mr. Rohan Nanda, learned counsel for the respondents, has submitted that the evidence of the so-called eye witnesses examined by the prosecution was not trustworthy and as such, the learned trial court has rightly acquitted the respondents.

5. Heard learned c