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2023 Supreme(J&K) 127

SANJEEV KUMAR, RAJESH SEKHRI
State of J&K – Appellant
Versus
Narinder Singh – Respondent


Advocates Appeared:
For the Petitioner: Amit Gupta.
For the Respondent: A.P. Singh.

JUDGMENT :

Sanjeev Kumar, J.

1. This criminal acquittal appeal is directed against judgment dated 29th October, 2010 passed by the learned 1st Additional Sessions Judge, Jammu ["the trial Court"]in file No. 90/Challan titled State of J&K v. Narinder Singh & Ors., whereby and whereunder respondent has been acquitted of the charges of Section 302/34 RPC and 4/25 Arms Act.

2. Before we proceed to appreciate the grounds of challenge urged by the appellant to assail the impugned judgment, we deem it appropriate to notice few material facts.

3. On 06.07.2007, Police Post, Sidhra received an information through reliable source that at Daggar Morh, Sidhra, one Auto Rickshaw bearing Regd. No. JK02M-3766 was lying abandoned on the side of road and in front whereof a dead body was lying in a pool of blood. It was also reported that the person whose dead body was lying on the spot had been allegedly murdered by some persons on the basis of past rivalry. The information was entered in the Daily Diary (Roznamcha) of the concerned Police Post and a copy thereof was forwarded to Police Station, Nagrota.

4. On receipt of this information, FIR No. 171/2007 was registered in the Police Station, Nagrota. I

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