State of Jammu & Kashmir Through S.H.O Police Station Budhal vs Rakesh Kumar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(J&K) 380

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
M A CHOWDHARY, J
State of Jammu & Kashmir Through S.H.O Police Station Budhal – Appellant
Versus
Rakesh Kumar – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Bhanu Jasrotia, GA.
For the Respondent:Mr. Jatinder Singh, Advocate

JUDGMENT :

01. The appellant – State (now UT) of Jammu & Kashmir has filed the above titled appeal against the judgment dated 30.11.2015 (in short, “impugned judgment”) passed by the learned Principal Sessions Judge, Rajouri (hereinafter referred to as the “trial Court”) in Sessions Trial case No. 15 titled – “State vs Rakesh Kumar & Anr.” whereby the respondents - Rakesh Kumar and Harbans Lal as accused, had been acquitted of the charges under section 306 RPC, arising out of a case registered at Police Station, Budhal vide FIR No. 24/2009.

02. This appeal had been filed alongwith an application, seeking leave to file acquittal appeal. This Court vide interim order dated 12.04.2021, not only condoned the delay of 312 days in filing the appeal, but also granted leave to file appeal against the impugned judgment.

03. The appellant has assailed the impugned judgment passed by the trial Court on the following grounds:-

(a) That the order of the Learned Trial Court is against the law and facts of the case, as such, deserves to be set aside.

(b) That there is sufficient material on record to convict the respondents but the learned Trial Judge has not appreciated the law and facts of the case