The prosecution failed to prove the accused's guilt beyond a reasonable doubt due to unreliable witness testimonies and procedural deficiencies.

JUDGEMENT

PUNEET GUPTA, J.

1. The respondents, accused before the trial court stand acquitted by the court of learned Principal Sessions Judge, Jammu vide judgment dated 29.04.2017. It is suffice to mention herein that six accused were named in the challan in FIR No. 95/1995 registered with Police Station, Batote and out of six accused, three of the accused stand convicted earlier by the court of Additional Sessions Judge, Jammu vide dated 08.06.2004. As the respondents herein were proceeded under section 512 Cr.P.C on the filing of the challan, the respondents herein did not face trial when the co-accused faced the same and got convicted. The respondents were later on arrested and that is how they faced the trial and charges framed against them. The respondents as mentioned above now stand acquitted vide impugned judgment. For the purposes of discussion, the respondents are referred to as accused. The appeal stands filed by the appellant on the grounds mentioned in the appeal.

2. The respondents are represented through counsel. The record is before the court.

3. Heard Mr. P.D. Singh, learned Deputy Advocate General and Mr. R.K. Kotwal, Advocate for the respondents.

4. The information received by Police Station, Batote from reliable resource on 02.07.1995 at 6.30 AM that on intervening night of 1st-2nd July, 1995 some persons armed with fire arms intentionally killed Narsingh Dev Singh S/o Raghunath Singh and his dead body is lying in a pool of blood. The occurrence is stated to be of Ladhwal Morh, Batote. FIR No. 19/1995 was registered under section 302/34 RPC read with Section 3/25 Arms Act. The investigation was initially conducted by SHO Police Station, Batote Abdul Majid Ganai. Later on the investigation got transferred to Crime Branch in pursuance to Letter No. 2933 of 1995, dated 09.12.1995. Before that the usual investigation had been carried out by the police. Sheetal Singh, Dy.S.P again carried out investigation in the matter. On the completion of investigation, the challan was filed against the accused under sections 302, 148 & 149 RPC and 4/27 Arms Act before the court of learned JMIC, Batote. The case was committed to the court of Additional Sessions Judge, Ramban as the offence under section 302 RPC was exclusively triable by the Sessions Court. The case was lastly transferred to the court of Principal Sessions, Jammu.

5. The case projected in the challan was that the deceased Narsingh Dev Singh came to Udhampur in his Maruti Car No. 3182-JK02D from Jammu on 01.07.1995 and at Udhampur he was accompanied by Praveen Singh, Kishore Kumar, Mohinder Singh and Joginder Singh and all of them reached at the shop of Jagdish Chander at Ladhwal. Further, Narsingh Dev Singh and Praveen Singh were sleeping inside the car near the shop of Jagdish Chander. The other persons accompanying the deceased were sleeping inside the tea stall of said Jagdish Chander. The accused at about 2/2.30 in the night hours came on spot in a Maruti Van bearing No. 9810-JK02A and were armed with weapons such as AK-56 and pistols and surrounded the Maruti Car in which Narsingh Dev Singh and Praveen Singh were sleeping. The accused Tanvir Ahmed was armed with AK-56 rifle whereas the accused Mushtaq Ahmed and Mohd. Hafiz with pistols and called out both the occupants of the Maruti Car. All these three persons were wearing masks at that time. The further case is that Mohd. Akhter, Mohd. Sadiq and Shafiq had surrounded the victim. Praveen Singh, who tried to snatch the weapon from the accused Tanveer Ahmed did not succeed and fled away from the spot to nearby bushes. Narsingh Dev Singh tried to flee from the place but the accused Tanveer Ahmed fired four shots from his AK-56 rifle as a result Narsingh Dev Singh fell down and died on spot as he had received the bullet injuries. The accused persons thereafter left the spot in their vehicle Maruti Van which was parked on the road near the tea stall of said Jagdish Chander. The enmity between the victim and accus