01. The instant appeal, preferred by the appellant-State, is
directed against the judgment dated 31.03.2022 passed by
the learned Principal Sessions Judge, Budgam, in a case
arising out of FIR No.102/2006 for offences punishable under
Sections 307 and 341 of Ranbir Penal Code registered with
Police Station, Magam, whereby the respondents-accused
have been acquitted of the charges framed against them.
02. Breiefly stated, the prosecution case is that on
28.06.2006, PW-1 (the complainant) lodged a written report
with Police Station, Magam, to the effect that in the morning
on the said day at about 7.00 a.m., he was proceeding to see
his sick mother, who is residing in a house adjoining to his
residential house. On reaching near the entrance gate,
accused No. 2-Abdul Gani Ahangar, started to hurl filthy
abuses upon him, whereafter his father, PW-3, tried to
intervene but in the meanwhile accused No.1 attacked the
complainant on his head with a long, sharp-edged iron
weapon, as a result which he sustained injuries and started
bleeding. It was further alleged in the report that the wife and
brother of the complainant intervened and rescued his life
and took him to the hospital. In the FIR it was further alleged
that the accused persons had, in the previous past, attacked
younger brother of the complainant in the year 1993, though
no FIR had been lodged by the family at that time.
