JUDGMENT :

Sanjay Dhar, J.

1. The appellant-State has challenged the judgment of acquittal dated 22.11.2011 passed by learned Principal Sessions Judge, Rajouri, (hereinafter referred to as the “trial Court”) whereby the respondent has been acquitted of the charges for offence under Section 302 RPC arising out of FIR No.61/2005 registered with Police Station, Kalakote, Rajouri.

2. It appears that on 20.12.2005 PW-3 Ram Krishan lodged a verbal report that deceased Raja Ram, who had gone to Tehsil Office, Kalakote on 19.12.2005 to deposit the land revenue, did not return to his home. It was further reported that on 20.12.2005, during search of the deceased, it was noticed that his dead body was lying in a deserted Nallah. The informant suspected that someone had inflicted fatal injuries upon the deceased and left his dead body at a deserted place. FIR No. 61/2005 for offence under Section 302 RPC came to be registered with Police Station, Kalakote and investigation of the case was started. During investigation of the case, the dead body of the deceased was subjected to post-mortem, the statements of witnesses under Section 161 Cr.PC were recorded, on the basis of disclosure made by the r