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2022 Supreme(J&K) 204

RAJNESH OSWAL, MOHAN LAL
Sarwar Khan – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Abhinav Sharma, Sr. Advocate with Mr. Muzaffar Iqbal Khan, Advocate
For the Respondent:Mr. Adarsh Bhagat, GA, Mr. A.P. Singh, Advocate, Mr. M. Zulker Nain Choudhary, Advocate for mother and brother of the deceased

JUDGMENT :

Rajnesh Oswal, J.

1. The judgment dated 29.01.2021 passed by the court of learned Principal Sessions Judge, Poonch (hereinafter to be referred as the trial court), whereby the appellant has been convicted for commission of offence under sections 304-I RPC and 27/30 Indian Arms Act, along with the order dated 30.01.2021 by virtue of which the appellant has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- for commission of offence under section 304-I RPC and further rigorous imprisonment for five years and also to pay a fine of Rs. 5,000/- for the commission of offence under section 27 of the Indian Arms Act, is the subject matter of appeal filed by the appellant-Sarwar Khan. An acquittal appeal has also been filed by the Union Territory of the Jammu and Kashmir bearing Crl A (AD) No. 10/2022 against the acquittal of the appellant of the charge under section 302 RPC. The brother and mother of the deceased have also filed a revision petition bearing Crl R No. 13/2022 against the aforesaid judgment and prayer has been made for convicting the appellant for commission of offence under section 302 RPC.

2. The judgment has been impugned b

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