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2014 Supreme(J&K) 147

Hasnain Massodi, BANSI LAL BHAT
Joginder Pal – Appellant
Versus
State Of J&K – Respondent


Advocates Appeared:
Harbans Lal, Gagan Basotra.

Per Bansi Lal Bhat, J.

1. This appeal is directed against the judgment of conviction dated 05.01.2012 and order of sentence dated 06.01.2012 formulated by learned Sessions Judge, Rajouri in Sessions Case File No. 25-A/Session titled "State v. Joginder Pal" by virtue whereof the appellant (hereinafter to be referred to as accused) has been convicted of offence under Section 302 RPC [Refer JK Laws 2nd Ed. 2013 Vol. 27 P-497] and sentenced to simple imprisonment for life and a fine of Rs.5000/-, in default to undergo further imprisonment for one month. Aggrieved of his conviction and sentence, the accused has preferred the instant appeal. Reference has also been made by the learned Sessions Judge for confirmation of life sentence slapped on the accused. Appeal and the Confirmation Reference were heard together.

2. Prosecution version is as follows:-

(i) On 15.04.2008, at around 8.15 AM, PW-Lok Nath made a telephone call to Police Station Sunderbani laying information that one Bishamber Nath S/o Mohan Lal R/o Kalideh (hereinafter to be referred to as the deceased) had committed suicide by hanging. A report to this effect was recorded in daily diary under report No.5 dated 15.04.2008. Inqu










































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