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2022 Supreme(J&K) 210

RAJNESH OSWAL, MOHAN LAL
Sanjeev Kumar – Appellant
Versus
State of J&K – Respondent


Advocate Appeared:
For the Appellant :Mr. Ved Bhushan Gupta and Mr. Karanvir Gupta, Advocates
For the Respondent: Mr. Dewakar Sharma, Dy. AG

JUDGMENT :

Rajnesh Oswal, J.

1. This appeal has been preferred against the judgment of conviction dated 24.12.2013 and order of sentence dated 26.12.2013 passed by the learned Sessions Judge, Kathua (hereinafter to be referred as the trial court), in File No. 29/Sessions titled “State versus Sanjeev Kumar & Anr” whereby the appellants have been sentenced to imprisonment for life and a fine of Rs. 10,000/- each for commission of offence under section 302 RPC. Besides, the appellants have also been sentenced to undergo imprisonment for one month for commission of offence under section 341 RPC.

2. The aforesaid judgment has been assailed on the ground that the learned trial court has not rightly appreciated the evidence available on record and has not taken into consideration the major contradictions and improvements made by the prosecution witnesses in their statements recorded before the trial court. It is also stated that the disclosure statement and recovery effected in the case are inconsequential and in no manner connect the appellants with the commission of crime. Besides this, it is also averred that the medical evidence produced by the prosecution runs contrary to the version

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