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2015 Supreme(J&K) 331

MOHAMMAD YAQOOB MIR, B.S.WALIA
Darshan Singh – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellants : A.K. Shan
For the Respondent: Ravinder Sharma

JUDGMENT :

Mohammad Yaqoob Mir, J.

1. Vide Judgment impugned dated 03.04.2012, learned Sessions Judge, Poonch has convicted the appellants for having committed offences punishable under Sections 302, 498-A read with section 34 RPC and vide order dated 04.04.2012 has awarded rigorous imprisonment for life and fine of Rs. 5,000/- under Section 302 read with Section 34 RPC and two years imprisonment for the offences under Section 498-A read with Section 34 RPC. All the sentences to run concurrently. In case of default in paying fine, the accused shall have to undergo imprisonment for two months. The record of the case has been submitted in terms of Section 374 Cr.P.C. for the confirmation of the sentence of life imprisonment.

2. Learned counsel appearing for the appellants projected:

(a) None of the prosecution witnesses have seen the actual occurrence.

(b) The dying declaration EX. PW-6-I-S has been cited as a sole basis to the actual occurrence, when the said dying declaration is suspicious as the manner and method of recording such statement is shrouded in mystery. Same has not been recorded in presence of any independent witness.

(c) The investigating officer is shown to have recorded t




































































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