Procedural errors in recording accused's statements under law can vitiate a trial, necessitating remand for proper adherence to ensure fair justice.

1. Through the medium of present appeal, the appellants have challenged judgment dated 21.10.2013 passed by learned Principal Sessions Judge, Kupwara (hereinafter referred to as "the trial court"), whereby appellant No.1 has been convicted of offences under S.307, S.323, S.324, S.326, S.148, S.447, RPC whereas the other appellants have been convicted of offences under S.323, S.324, S.148 and S.447, RPC. Challenge has also been thrown to order dated 30.10.2023 passed by the learned trial court whereby appellant No.1 has been sentenced to undergo rigorous imprisonment of eight years and to pay a fine of Rs.2.00 lacs for commission of offence under S.326, RPC, to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.5000 / for commission of offence under S.307, RPC, to undergo simple imprisonment for a period of two years and to pay a fine of Rs.3000 / in proof of offence under S.324, RPC, to pay a fine of Rs.3000 / in proof of offence under S.323, RPC, to undergo simple imprisonment for a period of one year and to pay a fine of Rs.3000 / in proof of offence under S.148 and to pay a fine of Rs.3000 / in proof of offence under S.447, RPC. In default of payment of fine, appellant No.1 has been directed to undergo simple imprisonment for a further period of twelve months. Appellant Nos.2 to 5 have been sentenced to undergo simple imprisonment of two years and to pay a fine of Rs.5000 / each in proof of offence under S.324, RPC, to pay a fine of Rs.3000 / each in proof of offence under S.323, RPC, to pay a fine of Rs.1000 / each in proof of offence under S.447, RPC and to undergo simple imprisonment for a period of one year and to pay a fine of Rs.1000 / each in proof of offence under S.148, RPC. In default of payment of fine, appellant Nos.2 to 5 have been directed to undergo simple imprisonment for a further period of three months.

2. As per prosecution case, on 28.04.2021, the complainant / injured, PW Ghulam Ahmad Dar, lodged a report with the police alleging that on 27.04.2021 in the evening, when he was planting trees on the boundary of his compound located adjacent to his residential house, the appellants / accused, who own the nearby land, with a criminal intentional, trespassed into his land and uprooted the trees which he had planted. When the injured / complainant objected to it, they launched an attacked upon him. In the meanwhile, two sons of complainant, PWs Bashir Ahmad and Abdul Rashid as well as his daughter - in - law, PW Zareefa, came on spot with a view to rescue him from the clutches of the appellants / accused but they were attacked with clubs and fists by the appellants / accused. Appellant No.1, Jamal Bhat, took a glass containing acid like substance from his daughter, accused / appellant Sara and splashed it upon his son, PW Abdul Rashid, with a view to commit his murder and as a result of this, PW Abdul Rashid suffered burn injuries on his face whereas his daughter - in - law received burn injuries. It was further alleged that the appellants, who were carrying clubs in their hands, gave a beating to the injured / complainant and his family members.

3. On the basis of the aforesaid report, FIR No.85/2001 for offences under S.307, S.148, S.323, S.324, S.326 and S.447, RPC came to be registered with Police Station, Kupwara, and investigation was set into motion. After investigation of the case, it was found that aforesaid offences are found established against the appellants / accused and, accordingly, the challan was laid before the trial court.

4. The learned trial court vide its order dated 11.04.2002, framed charges for offences under S.307, S.447, S.148, S.323, S.324 and