JUDGMENT

SHAIIZAD AZEEM-J

1. This acquittal appeal is directed against the judgment dated 07 August 2012 passed by the learned Additional Sessions Judge, Kathua ("the trial Court") in File No. 76/Session titled State Vs. Balwinder Kumar alias Bittu, whereby the trial Court has acquitted the respondent accused, Balwinder Kumar of the offences punishable under Sections 302/341 RPC read with Section 4/25 of Arms Act.

PROSECUTION CASE

2. The prosecution case, in brief, is that accused was sent up for trial on the accusation that, owing to a long-standing enmity, on 19 July 2002 at 6:30 PM, when Nasib Chand (deceased) was returning home after irrigating his fields and had reached near the house of Karan Singh S/o Vakilu Ram R/o Badala, the accused stabbed the deceased in the back with a Kirch (sharp-edged weapon). The occurrence stated to have taken place in a lane (Gali) of the village following a daytime quarrel.

3. The deceased had died enroute to the hospital. PW-1 Gulshan Kumar is said to have lodged a report on 19 July 2002 at 7:50 PM.

4. During investigation, all the codal formalities were completed, including recovery of alleged weapon of offence pursuant to the disclosure made