State of Jammu and Kashmir through S.H.O Police Station vs Bid Lal S/o Ram Lal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(J&K) 399

IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
Sanjeev Kumar, Puneet Gupta
State of Jammu and Kashmir through S.H.O Police Station – Appellant
Versus
Bid Lal S/o Ram Lal – Respondent

Advocates Appeared:
For the Appellant : Mr. Rajesh Thappa, AAG.
For the Respondent:Mr. Ankush Manhas, Advocate.

Table of Content
1. the court examines the appeal against acquittal citing evidence insufficiency. (Para 1 , 6 , 28)
2. prosecution must prove the guilt beyond reasonable doubt. (Para 26 , 27)
3. credibility of witnesses questioned leads to doubts about evidence. (Para 30 , 31 , 32 , 34)
4. upholding trial court’s acquittal due to reasonable doubt. (Para 36)
5. final ruling confirms dismissal of the appeal. (Para 37)

JUDGMENT :

1. The appeal has been preferred against the judgment dated 15.10.2012 passed by the court of learned Principal Sessions Judge, Kishtwar, whereby the respondents-accused were acquitted of offence under Section 302 /34 RPC . It is submitted in the appeal that the trial court has passed the judgment against law and facts and has not appreciated the evidence that was produced by the prosecution. The trial court has ignored the important pieces of evidence while passing the judgment.

3. The scanned record of the trial court is also before the court.

5. The complainant PW-Des Raj lodged a verbal report with Police Station, Kishtwar on 30.12.2000 to the effect that his son Rajesh Kumar alias Raju aged 13 years was playing hide and seek with Madan Lal (accused) but thereaft