Raj Din vs State (Now UT) of J&K - 2023 Supreme(J&K) 751

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(J&K) 751

MOHD. AKRAM CHOWDHARY
Raj Din – Appellant
Versus
State (Now UT) of J&K – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mohd. Arif
For the Respondent: Dewakar Sharma

Table of Content
1. overview of the case and prior convictions. (Para 1 , 6 , 7 , 8)
2. arguments against the conviction and evidence issues. (Para 2 , 3 , 4)
3. doubts regarding evidence and witness credibility. (Para 12 , 14 , 15 , 17 , 18)
4. judicial precedents questioning validity of evidence. (Para 19 , 20 , 21)
5. conclusion reversing conviction based on evidence insufficiency. (Para 22 , 23 , 24)

JUDGEMENT

1. Through the medium of this judgment, it is proposed to decide the instant Criminal Appeal filed by the appellants, against the conviction and sentence recorded by the court of learned Sessions Judge Kathua ('Trial Court') vide judgment dated 09.04.2011 and order dated 15.04.2011 respectively, whereby appellants have been convicted for the commission of offences punishable U/Ss 7/25, 25(1-a) ARMS ACT and sentenced to undergo 10 years rigorous imprisonment and fine of Rs. 10,000/- each and in default of payment of fine to undergo further simple imprisonment for a period of one year, in a case, arising out of FIR No. 49/2004 registered at Police Station Bani District Kathua for the commission of offences punishable U/Ss 121, 121-A RPC and 7/25 of ARMS ACT .

2. The impugned judgme