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1988 Supreme(J&K) 196

MAZHAR ALI SHAH, R.P.SETHI
Dooni Chand – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: S.P. Gupta
Advocate For Respondent: A.V. Gupta

Sethi, J: -

1. The appellant was charged and tried for the commission of offences punishable under Sections 302, 307, 113 R.P.C. along with other seven accused persons. Accused was convicted under Section 302 and 307 R.P.C. and sentenced to life imprisonment and fine of Rs. 50/- under Section 302 RPC and to under go three years R1 and pay a fine of Rs. 100/- for the commission of offence under Section. 307 R.P.C. The trial court acquitted the other accused persons by giving them the benefit of doubt. Aggrieved by the order of the trial court, the present appeal has been filed by the appellant mainly on the ground that judgment impugned was against the facts and was not sustainable in eyes of law. It is further submitted that the trial court has mis-conducted itself by relying on the chemical report under Section 510 Cr. P. C., as the copy of the report was not given to the appellants. It is further alleged that provisions of Section. 342 Cr. P. C. have been violated. The trial court is alleged to have mistaken itself by not taking into consideration the material contradictions, discrepancies and improbabilities in the prosecution evidence, which was interested, partisan, concocted a














































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