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2024 Supreme(J&K) 18

SANJAY DHAR
Mohan Lal son of Hans Raj – Appellant
Versus
State of Jammu and Kashmir – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.S.K.Anand, Mr. Gagan Oswal, Mr. Achal Sharma Adv.
For the Respondent: Mr. P.D.Singh Dy.AG, Mrs. Aruna Thakur, Ms. Pariksha Parmar Adv.

JUDGMENT :

1. The appellants have challenged judgment dated 03.06.2002 passed by the learned 1st Additional Sessions Judge, Jammu (‘the trial Court’ for short) whereby they have been convicted of offences under Sections 326/451 RPC. Challenge has also been thrown to order dated 03.06.2002 passed by the trial Court whereby the appellants, in proof of offence under Section 326 RPC, have been sentenced to undergo imprisonment for a period of 05 years and to pay a fine of Rs.20,000/- each and, in proof of offence under Section 451 RPC, the appellants have been sentenced to undergo imprisonment for a period of 01 year and to pay a fine of Rs.20,000/-each. In default of payment of fine, the appellants have been directed to undergo further simple imprisonment for 01 year. The trial Court has also directed that the amount of fine, if recovered, be released in favour of the victim as compensation and all the sentences have been directed to run concurrently.

2. Briefly stated, the case of the prosecution is that on 28.03.1989 PW Inspector Som Dutt, who was posted as SHO P/S, Kanachak at the relevant time, went to the house of victim PW Chanchla Devi and recorded the statement of her mother PW

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