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