VIJAY KUMAR Vs. STATE OF JAMMU & KASHMIR

JUDGEMENT

(1.) Leave granted. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 06.03.2014 passed by the High Court of Jammu and Kashmir at Jammu in Criminal Appeal No.05 of 2010, Crl.M.A.No.06 of 2010 and C/W Confirmation No.23 of 2009, the original accused has preferred the present appeals.

(2.) That the learned trial Court held the accused guilty for the offence punishable under Section 302 as well as for offences punishable under Sections 307, 326, 324 and 448 of the IPC. That the learned trial Court, while convicting the accused for the offence punishable under Section 302 of the IPC, imposed the death sentence. The learned trial Court also sentenced the accused-appellant to undergo R.I. for 10 years and a fine of Rs.10,000/- for the offence punishable under Section 307 of the IPC and in default of payment of fine to further undergo six months' S.I. The learned trial Court also sentenced the appellant-accused to undergo 5 years R.I. and a fine of Rs.500/- under Section 326 of the IPC and in default of payment of fine to undergo 3 months' S.I. The learned trial Court also sentenced the accused for one year R.I. for the offence punishable under Section 324 of the IPC and S.I. for one year for the offence punishable under Section 448 of the IPC. The learned trial Court also ordered that all the sentences to run concurrently.

(3.) That by the impugned judgment and order, the High Court has confirmed the conviction and sentence imposed by the learned trial Court, while convicting the accused-appellant for the offences punishable under Sections 302, 307, 324, 326 and 448 of the IPC. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court in confirming the death sentence while convicting the accused under Section 302 of the IPC and convicting the accused for the offences under Sections 307, 324, 326 and 448 of the IPC, the original accused has preferred the present appeal.