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2017 Supreme(J&K) 9

Pawan Kumar – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Appellant :Mr. P.N. Raina, Sr. Advocate with Mr. J.A. Hamal, Advocate.
For the Respondent:Mr. R.S. Jamwal, Dy. Advocate General.

JUDGMENT :

Yaqoob, J.

1. Learned Principal Sessions Judge, Ramban vide judgment impugned dated 28.02.2013, on completion of the trial, has convicted the appellant for having committed the offences punishable under Sections 302 and 449 RPC and acquitted him of the charge under Section 7/27 Arms Act.

2. After hearing on the quantum of sentence, vide order dated 28.02.2013 has sentenced the accused to rigorous imprisonment for life and fine of Rs.50,000/-(fifty thousand) under Section 302 RPC, rigorous imprisonment for a period of five years and fine of Rs. 5,000/- (five thousand) under Section 449 RPC. Both the sentences to run concurrently. The period of detention undergone during investigation and trial to be set off against the sentence of imprisonment. In default of payment of fine, the appellant shall have to undergo simple imprisonment for a period of one year under Section 302 RPC and one month under Section 449 RPC. The amount of fine, if realised to be paid as a compensation to the wife of the deceased.

3. Proceedings of the case have been submitted in terms of Section 374 Cr.PC which stands registered as Confirm. No. 14/2013. Appeal preferred by the appellant has been registere





























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