VINOD CHATTERJI KOUL, MOHAN LAL
Abdul Hameed Teeli S/o. Mohammad Ramzan Teeli – Appellant
Versus
State of J&K Through Police Station Kulgam – Respondent
| Table of Content |
|---|
| 1. conviction appeal due to challenging trial court judgments. (Para 1) |
| 2. arguments challenging the legitimacy of evidence presented. (Para 3 , 4) |
| 3. court's acknowledgment of witness testimony integrity. (Para 5) |
| 4. legal validity of witness and medical testimony supporting murder conviction. (Para 10 , 12) |
| 5. final ruling affirming the original conviction and sentencing. (Para 14) |
JUDGMENT :
Mohan Lal, J.
1. Instant Criminal Conviction Appeal is directed by the appellant against the judgment of conviction and order of sentence dated 26.06.2016& 29.06.2016 rendered by the court of Ld. Pr. Sessions Judge Kulgam in file No. 75/S titled State V/s Ab. Hamid Teeli, whereby, appellant has been convicted and sentenced in FIR No. 18/2002 of Police Station D.H. Pora (i) to undergo life imprisonment and fine of Rs.20000/- u/s 302 RPC and in default of payment of fine to further undergo imprisonment for six months, (ii) to undergo imprisonment for 3 years u/s 452 RPC, and (iii) to undergo 5 (five) years imprisonment and fine of Rs.1000/- u/s 7/25 ARMS ACT for commission of offe
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Discrepancies in eyewitness accounts undermined the prosecution's case, leading to the acquittal of the accused due to reasonable doubt of their involvement in the crime.
Mere failure of the prosecution in producing reports from the Forensic Science Laboratory relating to the weapon of offence and the blood-stained earth and clothes would not derogate from the veracit....
The prosecution must prove the charges against the accused beyond reasonable doubt, and unreliable witnesses, lack of a source of light, doubts about the place of occurrence, and lapses in the invest....
: For bringing criminal activity of accused within meaning of Section 34 IPC, there must be specific overt act attributed to accused in attacking victim.
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