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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
Rajnesh Oswal, Rajesh Sekhri
Mohd. Hussain – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
RAJNESH OSWAL, J.
1. The appellant has been convict ed for the commission of offence under Section 302 RPC vide judgment dated 01.01.2010 and has been sentenced to undergo imprisonment for life along with fine of Rs. 10,000/- vide order dated 06.01.2010, passed by the court of learned Additional Sessions Judge, Rajouri (hereinafter to be referred as the 'Trial Court' for short) in charge-sheet titled “State of J&K Vs. Mohd. Hussain” arising out of FIR No. 90/2004 under Section 302/449 RPC registered with Police Station, Darhal.
2. Aggrieved of the judgment and order mentioned above, the appellant has come up with this appeal by urging that the prosecution case was based on the circumstantial evidence, and the circumstances which were alleged to be incriminating to the appellant have not been proved at all by the prosecution, therefore the appellant could not have been held guilty. It is contended by the appellant that none of the prosecution witnesses has proved the recovery of the alleged weapon of offence at the instance of the appellant, and the learned trial court has acted upon the hearsay evidence for convicting the appellant.
3. Mr. Sunil Sethi, learned senior counsel
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