Sanjay Kumar Rai vs UT of J&K through SHO P/S Kulgam

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(J&K) 342

VINOD CHATTERJI KOUL, MOHAN LAL
Sanjay Kumar Rai – Appellant
Versus
UT of J&K through SHO P/S Kulgam – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mr. S. T. Hussain, Sr. Advocate with Ms. Nida Nazir, Advocate
For the Respondent: Mr. Allau ud din Ganie, AAG

JUDGMENT :

Vinod Chatterji Koul, J

1. The appellant has filed this appeal against the judgment of conviction dated 13th June, 2020 and the order of sentence dated 30th of June, 2020 passed by the court of learned Principal Sessions Judge, Kulgam (“Trial Court” in short) in a Criminal Challan No.10/Sessions titled as State of J&K through SHO, Police Station, Kulgam vs. Sanjay Kumar Rai, whereby the appellant has been held guilty for commission of offences punishable under Section 302 and 307 of the Ranbir Penal Code (RPC) and has been sentenced to undergo life imprisonment for offences under Section 302 RPC and rigorous imprisonment of seven years and fine of Rs.30,000/- for offence under Section 307 RPC and, in default of payment of fine, the appellant has been directed to undergo simple imprisonment for further period of one year, and for setting aside the same.

2. The impugned judgment of conviction and order of sentence are challenged in this appeal, inter alia, on the following grounds:

i. That impugned judgment of conviction and order of sentence are against law and facts and bad in the eyes of law as there was no reliable evidence on record to establish guilt of appellant/accused