MUKESH KAPOOR Vs. STATE OF JAMMU AND KASHMIR

JUDGEMENT

(1.) This Letters Patent Appeal has been filed against a judgment of a single Judge of this Court (Goel, J.) passed on 18-11-1999 in Criminal Appeal No.15/94. The order of the learned single Bench was passed while exercising appellate powers of the Court. The appeal taken before the learned single Bench called in question a judgment passed by Sessions Judge, Jammu on 24-10-1994. The Sessions Judge convicted the appellant under Sec. 307, RPC and sentenced him to seven years' rigorous imprisonment. Besides this, a fine of rupees one lac was imposed which after realisation was payable to Smt. Veena Kapoor, wife of the appellant. However, in default of payment of fine, the appellant was directed to undergo a simple imprisonment of three years more.

(2.) A coordinate Bench of this court (Bhawani Singh, C. J. and M. Y. Kawoosa, J. as their Lordships then were), on 30-11-1999 issued notice in the appeal and stayed the order passed by the learned single Bench on 18-11-1999.

(3.) The first and foremost question in this appeal, to which we would address ourselves, is as to whether this appeal is maintainable. We have heard the learned counsel for the parties in this behalf.