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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
Rajnesh Oswal, Sanjay Dhar
State of J&K – Appellant
Versus
Showkat Ali son of Reham Din – Respondent
JUDGMENT :
Sanjay Dhar, J.
1. The appellant/State has challenged judgment dated 07.01.2012 passed by the learned 2nd Additional Sessions Judge, Jammu (hereinafter referred to as the “trial Court”) whereby, in a case arising out of FIR No. 116/2000 for offences under Sections 307/324/326/336/337 RPC registered with Police Station, Bagh-e-Bahu, Jammu, the respondents/accused have been acquitted of the charges.
2. The facts, leading to filing of this appeal, are that on 05.04.2000, PW Mohd Ashraf while undergoing treatment in Government Medical College Hospital, Jammu for the injury received by him, made a statement before the police that on the aforesaid date at about 10.30 am when he reached his in-laws‟ house at Raika, he saw a number of people having gathered over there. He further stated that his father-in-law Siraj Din and respondent No.1/accused were having a long standing land dispute going on between them. On account of this, the respondents/accused along with 8/10 more persons had come on spot. It was further stated that the respondent No.1/accused Showkat Ali with an intention to commit murder of PW Mohd Ashraf launched a murderous attack on him with a Pathi on left side of hi
The appellate court found sufficient evidence to convict respondent No.1 for grievous injury despite contradictions in witness testimony, emphasizing the need for careful scrutiny in cases with prior....
The court ruled that conviction requires proof beyond reasonable doubt, especially when relying on eyewitness testimony that is questionable due to factors such as the witness's proximity and the vic....
The prosecution must prove charges beyond a reasonable doubt; inadequate evidence resulted in the acquittal of the accused as intent to kill was not established.
The prosecution must prove its case beyond reasonable doubt, and discrepancies in witness testimonies and non-examination of the Investigator can lead to acquittal.
The prosecution's failure to explain the serious injuries on the accused undermined its case, leading to doubt about the narrative presented.
Unlawful assembly – Conviction modified - Victim was assaulted by the appellants causing injuries on his head - Court did not find any such evidence that there was any premeditation or any intention ....
Insufficiency of evidence to prove charges beyond a reasonable doubt.
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