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2022 Supreme(J&K) 722

MOHAN LAL
Yashvir Singh S/o Kartar Singh – Appellant
Versus
State Though Police Station Vijaypur – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rahul Singh Sambyal; Jagpaul Singh
For the Respondent: Vishal Bharti

JUDGMENT :

1. Instant Criminal Appeal is directed by the appellant against the judgment dated 08-03-2019 rendered by the court of Ld. Pr. Sessions Judge Samba in file No. 06/Sessions titled State v. Yashvir Singh and Ors., whereby, appellant has been convicted and sentenced to undergo rigorous imprisonment for 7 years in FIR No. 100/2013 for commission of offence proved u/s 304-II RPC instead of offence u/ss 302/34 RPC charged against them. Be it noted, that out of the total four (4) accused persons including the appellant put on trial, remaining three (3) accused persons namely, Ranvir Singh S/o Kartar Singh, Tapinder Singh S/o Harbans Singh & Jagdish Singh S/o Kashmir Singh all residents of Mandi Raj Ghar Gurah Salathia District Samba have been acquitted.

2. Aggrieved of and dissatisfied with the impugned judgment and order dated 08-03-2019, appellant/convict has questioned it's legality, propriety and correctness on the following grounds:-

(i) that the impugned judgment dated 08-03-2019 is against facts and law, in as much as, the commission of offence u/s 304-II RPC has not even been proved by the prosecution beyond reasonable doubt and the trial court has failed to appreciate the

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