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2024 Supreme(J&K) 308

IN THE HIGH COURT OF JAMMU AND KASHMIR & LADAKH AT JAMMU 
RAJNESH OSWAL, RAJESH SEKHRI
State of J&K – Appellant
Versus
Vivek Gupta – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Amit Gupta, AAG
For the Respondent:Mr. Sunil Sethi, Sr. Advocate with M. Sonica Parihar, Advocate

JUDGMENT :

Rajesh Sekhri, J.

1. This judgment shall give quietus to the ordeal of respondents which unfortunately has lasted for about twenty years and the present appeal hanging fire for the last about sixteen years.

2. This appeal has been directed against judgment dated 26.04.2008, passed by learned 1st Additional Sessions Judge, Jammu (for short, trial court) in case titled "State vs. Vivek Gupta and others‟, vide which, respondents came to be acquitted.

Factual Matrix

3. As the prosecution story would unfurl, on 12.03.2004, Police Post, Sainik Colony, Jammu received a telephonic message at 15:30 hours from PW-Mangat Ram on behalf of CEO, Udhampur that Ms. Vandana Gupta W/o Vivek Gupta had passed away at her residence situate at 208 Sector-A, Sainik Colony, Jammu and her dead body had been shifted by her in-laws to their residence at Jeewan Nagar. An entry was made in the Roznamacha and inquest proceedings under Section 174 Cr.P.C came to be initiated. The dead body was sent for postmortem and on receipt of postmortem and inquest proceedings, FIR No. 21 of 2004 under Sections 302/498/34 RPC came to be registered on 13.03.2004. The investigating agency concluded that husband of the d

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