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2024 Supreme(J&K) 155

RAJNESH OSWAL, MOKSHA KHAJURIA KAZMI
Pankaj Sharma, S/o. Late Sh. Jagan Nath Sharma – Appellant
Versus
State of Jammu and Kashmir through Police Station Satwari, Jammu – Respondent


Advocates Appeared:
For the Appellant : Mr. Rohan Nanda, Mr. Arjun Mengi, Mr. Sunil Sethi, Sr. Adv. With Mr. Vishal Mahajan, Mr. Pawan K. Kundal, Mr. Prince Khanna, Mr. Sahil Bhardwaj.
For the Respondent: Mr. Amit Gupta, AAG.

JUDGMENT :

Rajnesh Oswal, J.

1. All these four appeals arise out of the judgment of conviction and order of sentence dated 12.12.2017 passed by the court of learned Principal Sessions Judge, Jammu (hereinafter to be referred as “the trial court”) in chargesheet titled “State vs. Gurdev Singh & Ors.” arising out of FIR No.160/2009 of P/S Satwari, by virtue of which, all the appellants have been convicted for commission of offence under section 302/34 R.P.C. The appellants namely Gurdev Singh alias Danchi and Harpreet Singh alias Sunny have been further convicted for the commission of offence under section 3/25 Indian Arms Act. All the appellants have been sentenced to undergo rigorous imprisonment for life under section 302 RPC and to pay a fine of Rs.50,000/- each. In default of payment of fine of Rs.50,000/, the appellants have been ordered to undergo further imprisonment of like nature for a period of one year. The appellants namely Gurdev Singh alias Danchi and Harpreet Singh alias Sunny have been further sentenced to undergo simple imprisonment for three years under section 3/25 Indian Arms Act and to pay a fine of Rs.10,000/- each. In default of payment of fine of Rs.10,000/ bot

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