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2024 Supreme(J&K) 309

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR 
SANJEEV KUMAR
Showket Ahmad Rather S/o Khazir Mohammad Rather – Appellant
Versus
State of Jammu & Kashmir, Through Station House Officer, Police Station Sumbal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.S.T.Hussain, Sr. Advocate with Ms. Nida Nazir, Advocate
For the Respondent: Mr. Ilyas Nazir Laway, GA

JUDGMENT :

1. This appeal by one Showkat Ahmad Rather arises out of an order/judgment dated 26th November, 2013 passed by the Principal Sessions Judge, Bandipora [“the trial Court”] in file No.159/Sessions titled State of J&K v. Showkat Ahmed Rather as also an order dated 29.11.2013 passed therein, whereby and whereunder the appellant has been convicted for commission of offence punishable under Section 498- A RPC and Section 306 RPC and sentenced to undergo rigorous imprisonment for two years with fine of Rs.5000/- in respect of Section 498-A RPC and rigorous imprisonment for seven years and fine of Rs.10,000/- in respect of offence under Section 306 RPC. The sentences imposed are directed to run concurrently. The impugned order of sentence also provides that in default of payment of fine, the appellant would undergo simple imprisonment for a period of three months.

2. The appellant is husband of deceased Shaheena, who died under mysterious circumstances on 17th April, 2006. The Police Post, Hajin received an information from Hospital Hajin that a dead body was lying in the hospital. In the meanwhile, on the same day one Maqsood Ahmad Sofi, the brother of the deceased, moved a writt

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