Baba Kali Dass Bharati S/o Kirpa Ram vs State through Public Prosecutor

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(J&K) 478

SANJEEV KUMAR, MOHAN LAL
Baba Kali Dass Bharati S/o Kirpa Ram – Appellant
Versus
State through Public Prosecutor – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Ravi Abrol, Mohsin Bhat.
For the Respondent: Pawan Dev Singh.

JUDGMENT :

MOHAN LAL, J.

1. Appellants have assailed the judgment of conviction dated 15.11.2011 and order of sentence dated 18.11.2011 rendered by the court of Ld. Sessions Judge Jammu in case titled State vs. Baba Kali Dass Bharati and Another bearing File No. 12/Sessions, whereby, they have been convicted in FIR No. 27/2003 of Police Station R.S. Pura (Jammu) for commission of offence punishable u/s 302/34 RPC and sentenced to undergo rigorous imprisonment for life and fine of Rs. 10,000/- each.

2. Aggrieved of and dissatisfied with the impugned Judgment of conviction, appellants have assailed its legality, propriety and correctness and have sought its setting aside on the following grounds:

(i) that the court below has passed the impugned judgment and sentence on the surmises and conjectures which is foreign to the principal of criminal law, the prosecution was under strict liability to prove guilty of beyond doubt, the court below was obliged to analyse and appreciate the evidence to reach to a conclusion that it is the accused only who has committed offence in question, but i