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2018 Supreme(SC) 479

N.V.RAMANA, S.ABDUL NAZEER
Khurshid Ahmed – Appellant
Versus
State of Jammu & Kashmir – Respondent


JUDGMENT :

N.V. Ramana, J.

This appeal is directed against the judgment dated 11th March, 2015 passed by the High Court of Jammu and Kashmir at Jammu in Criminal Appeal No. 36 of 2012. By the said judgment, the High Court reversed the order of acquittal passed by the Principal Sessions Judge, Bhaderwah against the appellant, and convicted him for the offences punishable under Sections 302/341 of the Ranbir Penal Code (hereinafter referred to as ‘RPC’) and sentenced him to suffer imprisonment for life and to pay a fine of Rs.1,000/- for the offence punishable under Section 302, RPC and to pay a fine of Rs.500/- for the offence under Section 341, RPC, with the direction to realize the fine amount from his estate.

2. The brief facts, as culled out from the prosecution case are that on 18th May, 2006 a shop keeper of hardware material, namely, Arshad Sajad accompanied by his father Sajad Ahmed Bhat (PW9) were going to their home after closure of shop in the evening at about 5.30 p.m., while they were on their way, near Masjid, the appellant herein intercepted them from the opposite direction and started hurling abuses against them. When they ignored his abuses and moved forward, the appel













































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