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1996 Supreme(J&K) 145

G.D.SHARMA
Yog Raj – Appellant
Versus
Romal Singh – Respondent


Advocates Appeared:
Advocate For Appellant: K.N. Bhat
Advocate For Respondent: J.P. Singh
Advocate For Respondent: P.C. Sharma

1. Through the medium of this petition purporting to be made under the provisions of Sec. 435 read with Sec. 561-A Cr.P.C., the reversal of the order dated 29.01.1994 passed by the learned Sub-Judge Judicial Magistrate 1st class, Jammu, is sought whereby he has refused the exhibition of the seizure memo dated 22.12.1991.

2. The factual matrix of the case is that in Challan No. 219/93 titled State Vs. Romal Singh and others, respondents 1 to 7 herein, are facing the trial of the commission of offences falling under Sees. 326/452/148/ 323 RPC read with Sec. 4/25 of the Arms Act. Yog Raj, petitioner herein, is the complainant in the case as well as a marginal witness of the seizure memo in question. The contents of the suid seizure-memo are that the respondent accused Romal Singh had produced the alleged weapon of offence, namely, Toka, in the Police station in the presence of the complainant Yog Raj and Kuldeep Raj. The statement of the complainant Yog Raj was being recorded on 07.12.1993 when the prosecutor sought to prove and exhibit and the [SIC] said seizure memo but an objection was raised on behalf of accused respondents 1 to 7 that weapon of offence was not recovered in consequ








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