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2017 Supreme(J&K) 586

SANJAY KUMAR GUPTA
State of J&K – Appellant
Versus
Kuldeep Raj alias Katu – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sanjeev Padha
For the Respondent: Mr. R.P. Sapolia

JUDGMENT :

1. Feeling aggrieved by order/judgment dated 22nd July, 2005 passed by learned 2nd Additional Sessions Judge, Jammu, acquitting the respondent (hereinafter for short ‘as accused’) for the offences punishable under sections 307, 324, 326, 342 RPC, State has preferred instant Criminal Acquittal Appeal No.06/2006.

2. The impugned judgment is challenged on the following grounds:-

(a) The aforesaid order/judgment impugned in appeal is against the law and the facts of the case. As such, the same is required to be set aside.

(b) The learned Judge has mis-appreciated the evidence and mis-construed the law attracted to the facts of the present case. As such, the judgment impugned is liable to be set aside on this score also.

(c) The learned Judge by ordering acquittal of the accused (respondent herein) has committed grave error in law, which has resulted in passing of the impugned judgment.

(d) The prosecution has successfully proved the allegations levelled against the respondent and the oral and documentary evidence produced during the trial has undoubtedly established the commission of alleged offences by the respondent, but even then the learned Judge has ordered his acquittal.

3. I















































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