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2018 Supreme(Online)(J&K) 46

NISAR AHMED – Appellant
Versus
STATE OF J AND K – Respondent


Advocates:
['BALDEV SINGH', '', 'A K SHAN', 'S KOUR', 'SR ADV', 'S S NANDA', 'SR AAG', '', 'C M KOUL SR AAG']

1. This Criminal Appeal is preferred by the appellant-Nisar Ahmed, who has been convicted/sentenced by the learned Sessions Judge, Jammu, vide impugned judgment of conviction/order of sentence dated 18.10.2007/24.10.2007 respectively whereby he has been convicted and sentenced to undergo imprisonment for a term of 7 years and to pay fine of Rs.5000/- in proof of offence under section 7/25 Arms Act and for a term of 5 years and fine of Rs.5000/- in proof of offence under section 5 Explosive Substances Act. In default of payment of fine he has to undergo further imprisonment for a period of 3 months each. Both the sentences were ordered to run concurrently.

It is pertinent to mention here that the learned trial Court vide impugned judgment of conviction/order of sentence has convicted/sentenced accused Nisar Ahmed-A1 (the appellant herein) and Waqar Shah-A3; while acquitting accused-Parveen Akhter A-2 for want of evidence vide its order dated 26.10.2006. The instant appeal is only on behalf of accused-Nisar Ahmed (the appellant herein).

2. Learned counsel for the appellant has challenged the impugned judgment of conviction/order of sentence stating that the same is against law and fact

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