Bhajan Singh son of Tullah Ram vs State of Jammu and Kashmir

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(J&K) 407

IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Bhajan Singh son of Tullah Ram – Appellant
Versus
State of Jammu and Kashmir – Respondent

Advocates Appeared:
For the Appellant :Mr. Adarsh Sharma Advocate.
For the Respondent: Mr. Dewakar Sharma, Dy.AG

Table of Content
1. conviction based on robbery and injuries (Para 1 , 2 , 3 , 4 , 5)
2. trial court's reliance on evidence (Para 6 , 8 , 11 , 12 , 14)
3. defendant's argument regarding trial error (Para 7 , 10 , 30)
4. impact of witness's statement and medical evidence (Para 9 , 13 , 15 , 17)
5. absence of motive and evidence for conviction (Para 26 , 28 , 29)
6. acquittal of appellants and judgment reversal (Para 31)

JUDGMENT :

Sanjay Dhar, J.

1. The present appeal is directed against judgment dated 18.08.2004 passed by the learned Sessions Judge, Kathua [‘the trial Court’ for short] whereby the appellants have been convicted of offences under sections 307/326 RPC. Challenge has also been thrown to order dated 20.08.2004 whereby in proof of offence under Section 307 RPC, the appellants have been sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs.100/-, whereas, in proof of offence under Section 326 RPC, they have been sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.500/-.

2. It appears that the charge-sheet was laid against the appellants herein before the trial Court alleging therein that on 19.12.1995 at about 9