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2018 Supreme(J&K) 831

Mohd. Ashraf – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioners:Mr. Sunil Sethi, Sr. Advocate with Mr. Mohsin Bhutt, Advocate.
For the Respondents: Mr. Amit Gupta G.A.

JUDGMENT :

1. This petition has been filed under Section 562 of Code of Criminal Procedure read with Section 4 of the Probation of Offenders Act for considering the case of the petitioners for grant of benefit of probation while upholding the order of their conviction passed in Criminal Appeal No.9900016/2004 in case titled Mohd. Ashraf and another vs. State of J&K.

2. In this petition, it has been stated that the petitioners were involved in case FIR No. 128/1994 for the commission of offences punishable under Section 307/326/34 RPC and on completion of the investigation, criminal challan was presented before the Court of Sessions Judge Poonch, who on March 31, 2004 convicted the petitioners-accused for commission of offence punishable under Sections 324/34 of RPC and awarded sentence of three years along with fine of Rs. 5000/- each. The petitioners thereafter filed a Criminal Appeal no.990001/2004 titled Mohd. Ashraf and other vs. State of J&K before this Court which was dismissed by this Court on 16.11.2018 upholding the judgment of conviction but reduced the sentence from three years to one year imprisonment; that petitioner No.2 is presently more than 82 years and petitioner No















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