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2015 Supreme(J&K) 659

HASNAIN MASSODI, BANSI LAL BHAT
Akeel Ahmed & Ors. – Appellant
Versus
State of J&K & Ors. – Respondent


Advocates:
For the Appellant :Mr. B.L. Chatta, Advocate, Mr.Anil Gupta, Advocate.
For the Respondent: Mr. Rakesh Khajuria, AAG.

JUDGMENT

Bansi Lal Bhat, J.--

1. This bunch of two appeals, one questioning conviction and sentence of Akeel Ahmed- appellant in Criminal Appeal No. 50/2012, recorded and awarded in terms of impugned judgment of conviction and order of sentence dated 07.05.2012 convicting Akeel Ahmed of offence under Section 302/34 RPC and sentencing him to life imprisonment and fine of Rs.5,000/- and the second appeal preferred by State being Criminal Acquittal Appeal No. 09/2013 assailing acquittal of Mohd. Rashid of offence under Section 302/34 RPC, 3/5 POTA and 7/25/27 Arms Act, arise out of common judgment rendered by learned 3rd Additional Sessions Judge, Jammu in File No. 18/Challan titled State v. Akeel Ahmed and another. Appellant Akeel Ahmed and co-accused Mohd. Rashid faced joint trial on charges under Section 302/460/34 RPC, 7/27 Arms Act and 3/5 POTA. The gravamen of charges is that both - the appellant Akeel Ahmed and co-accused Mohd. Rashid (hereinafter to be referred to as the accused) worked with terrorists who had come from across the border in Mangnar area of Poonch, provided information to terrorists regarding movement of security forces, led foreign terroriststs Abu Tariq and Abu








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