1. Instant appeal by the then State of Jammu and Kashmir through Crime Branch, Jammu (now the Union Territory) arises out of a judgment dated 24th July, 2010 passed by the learned Principal Sessions Judge, Reasi ("the trial Court") in case File No.27/14 / Sessions titled State v. Sham Singh and another (FIR No.48/2006) for offences under S.302/34 RPC and 4/27 Arms Act, whereby the trial Court has acquitted the respondents of the charges and consigned the challan to records.

2. Before we advert to the grounds of challenge urged by Ms. Monika Kohli, learned Sr. AAG appearing for the appellant, we deem it appropriate to take note of the prosecution case, as was set up before the trial Court.

3. On the intervening night of 8/9th March, 2006, one Kundan Lal alias Fouzi S/o Kuldeep Kumar R/o P.P. Market, Puranadaroor was found to have been killed at Charanpadika adjacent to a bathroom complex. Information with regard to the murder was received in the Police Station, Katra in the form of a written application made by the mother of the deceased PW - Rakesh Kumari at 00045 hrs on 9th March, 2006. On the basis of the aforesaid information, FIR No.48/2006 under S.302/34 RPC and 4/25 Arms Act was registered in the concerned Police Station. The investigation was initially handed over to Mr. Shamsher Singh Sambyal, the then SHO Police Station, Katra. The complainant was not satisfied with the manner in which the investigation was being conducted by the Police Station, Katra. She approached this Court and on the directions of this Court passed on 5th May, 2007 in LPA (OWP) No.72/2006, the Crime Branch was handed over the case for re - investigation. Before this Court, the complainant had sought registration of a case of murder against five persons in addition to the respondents herein. Immediately upon taking over the investigation, the Crime Branch recorded the statements of the complainant and other witnesses under S.161 CrPC, visited the spot and prepared the site plan. Besides others, the statements of the daughter of the complainant Neeru Devi, maid Kamlo Devi, servant Anil Kumar and sister of the complainant Babli Devi were also recorded. The statements of PWs - 49, 58 to 61 and 63 were found in contradiction with the statements of the complainant - Rakesh Kumari and her daughter Neeru Devi.

4. During investigation, it came to light that neither the complainant nor her daughter had any personal knowledge about the occurrence as both of them had reached on spot after the occurrence. The statements of few witnesses were recorded under S.164 CrPC.

5. The weapons of offence viz. a Khokhri and a Toka seized by the police during initial investigation were sent by the Crime Branch to FSL for opinion and it was found that these two weapons had been used for causing injuries to the deceased, which fact was also confirmed by the postmortem findings. It has also come in the investigation of the Crime Branch that the complainant and her daughter were also called to undergo Lie Detector Test but despite repeated requests, they showed their disinclination.

6. As per the investigation concluded by the Crime Branch, only two persons i.e. the respondents herein were held involved in the commission of crime and other five persons named by the complainant as participants in the crime were found implicated by the complainant on the basis of some old enmity. On the basis of the investigation conducted, the Crime Branch produced the challan before the competent Court of law against the respondents for commission of offences punishable under S.302/34 RPC and 4/27 Arms Act.

7. Vide order dated 26th December, 2007, the trial Court framed charge against the respondents for offences under S.302/34 RPC and 4/27 Arms Act for committing murder of the deceased by inflicting serious injuries upon him with Toka and Khokhri with intent to cause his death. The respondents pleaded not guilty to the charge and claimed trial. The prosecution was called upon by the trial C