State of J&K vs Shesh Paul Singh - 2022 Supreme(J&K) 190

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(J&K) 190

RAJNESH OSWAL, MOHAN LAL
State of J&K – Appellant
Versus
Shesh Paul Singh – Respondent

Advocates:
Appearing Counsel:
For the Appellant(s): Mr. Dewakar Sharma, Dy. AG
For the Respondent(s):Mr. Anil Khajuria, Advocate

JUDGMENT :

Rajnesh Oswal, J.—The present appeal arises out of the judgment dated 11.12.2013 passed by the court of learned Special Judge, Kathua (hereinafter to be referred as the trial court) in case titled “State Vs. Shesh Paul Singh and others” arising out of FIR No. 54/2011, registered with Police Station Lakhanpur for commission of offences under Section 8/20 NDPS Act, by virtue of which the respondents have been acquitted.

2. The judgment has been impugned on the ground that learned Trial Court has wrongly appreciated the law and evidence on record and there was enough evidence on record for conviction of the respondents.

3. Mr. Dewakar Sharma, learned Dy. AG argued that the learned Trial Court has wrongly appreciated the evidence and there was abundant evidence on record that warranted the conviction of the respondents.

4. Mr. Anil Khajuria, learned counsel for the respondents vehemently argued that the most important witness PW- Sat Paul, who was travelling in the said vehicle has turned hostile and has not supported the prosecution case which clearly shows that the false and frivolous story was cooked by the prosecution. He further argued that the link evidence is absolutely m