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2023 Supreme(J&K) 559

VINOD CHATTERJI KOUL, MOHAN LAL
Abdul Waheed Naik S/o Ahmadullah Naik – Appellant
Versus
State of J&K through Police Station Banihal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.A. Qayoom.
For the Respondent: Satinder Singh Kalla.

JUDGMENT :

MOHAN LAL, J.

1. Instant Criminal Conviction Appeal is directed by the appellant against the judgment and orders dated 28.11.2011 & 29.11.2011 rendered by the court of Ld. Pr. Sessions Judge Ramban in case titled State vs. Abdul Wahid bearing file No. S.T. No. 07/2004, whereby, appellant has been found guilty, convicted and sentenced to life imprisonment and fine of Rs. 10000/- for commission of offence punishable under section 302 RPC and for rigorous imprisonment for a period of 7 years and fine of Rs. 10000/- for commission of offence punishable under Section 27(2) of Arms Act in case FIR No. 29/2003 of Police Station Banihal.

2. Aggrieved of and dissatisfied with the impugned judgment of conviction and order of sentence, appellant has assailed their legality, propriety and correctness and has sought their setting aside/quashment on the following grounds:

    (i) that after framing charges against the appellant on 28.09.2004 who pleaded not guilty to the charges, prosecution examined as many as 13 witnesses including the Doctor and investigating officer (I/O), the evidenc

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