Sanjay Parihar-J
1. By this acquittal appeal, challenge is thrown to judgment rendered by
Sessions Judge Kupwara (the trial court) Dt. 28.01.2011 in case FIR
No. 83/2003 U/S 302,307,212 RPC, 7/25 Arms. Act P/S Kupwara, in
terms whereof respondent Nos. 2 and 3 have been acquitted, whereas
against respondent No. 1(deceased) proceedings stood abated prior to
the laying of charge-sheet. Challenge is thrown, on the grounds that
same is against the facts and circumstances of the case, so is, not
sustainable in the eyes of law. With the evidence and material produced
2025:JKLHC-SGR:242-DB
on record, the prosecution had proved them guilty beyond shadow of
doubt and there was no other view but to record conviction against
them. However, respondents have been acquitted of a heinous crime
which led to the killing of Police/CRPF Personnel, in as much as the
respondents were also involved in the killing of Ex-Law Minister and
his brother. A cursory look at the deposition of prosecution witnesses
would demonstrate that the respondents not only have conspired with
the slain militant (respondent No. 1) but committed a grave act of
playing with many human lives. That the conspiracy was to eliminate
innocent civilians as well as security personnel and the trial Court has
adopted a technical approach towards acquittal of respondents. That the
trial is concluded to ascertain the guilt or innocence of the accused, and
it was the duty of the trial Court to separate truth from falsehood, but it
has let-of the respondents of a heinous charge without any legal
justification. That the trial Court had not appreciated the evidence in its
proper perspective, therefore, its conclusion is perverse as there was
credible evidence against the respondents showing their involvement in
the incident.
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