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2021 Supreme(J&K) 65

Balbir Singh – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. P.N.Raina Sr. Advocate with Mr. J.A Hamal, Advocate
For the Respondent: Mr. Aseem Sawhney, AAG

JUDGMENT :

1. The instant revision petition is directed against the judgment dated 03.09.2010 passed by the learned Principal Sessions Judge, Kathua (hereinafter referred to as “the Appellate Court”), whereby the judgment of conviction and sentence dated 05.04.2007 passed by the Chief Judicial Magistrate, Kathua (hereinafter referred to as ‘the Trial Court’) against the petitioner herein, has been upheld. Before coming to the instant revision petition, let me give a brief background of the facts leading to the filing of this petition.

2. Police Station, Kathua registered FIR bearing No.29/1994 for offence under Sections 4/25 Arms Act on the basis of a report submitted by the police party that was on patrolling duty on the said date. As per the FIR, on the said date while the police party was on patrolling duty, they found petitioner herein moving in suspicious circumstances and upon his personal search he was found to be in possession of a ‘khokhri’, a sharp edged weapon. The weapon in question was seized by the police and the petitioner was taken into custody. The investigation was set into motion and after completion of the investigation, challan came to be filed against the petiti

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