BALWANT RAJ Vs. STATE OF J&K

JUDGEMENT

(1.) This judgment will dispose of Criminal Appeal No. 19/2007 filed by Balwant Raj S/o Anant Ram R/o Bachyal, Tehsil & District Jammu (hereinafter to be referred as 'accused'), after suffering conviction under Section 302 of Ranbir Penal Code read with Section 3/25 of Arms Act; and Confirmation No. 06/2007 sent by the learned Sessions Judge, Udhampur under Section 374 of Code of Criminal Procedure (State Code).

(2.) It needs to be mentioned here that Bharat Bhushan alias Papu S/o Mani Ram, co-accused of the present accused could not be nabbed by police, as such, proceeded under Section 512 Cr.P.C. Till the conclusion of the trial i.e. upto July, 2007 he was not arrested as is clear from the impugned judgment itself. Mr. Qazi states that he has not been apprehended till date. It also requires mentioning that the accused moved an application for transfer of the case from Sessions Court, Reasi apprehending his elimination at the hands of the complainant-party. Consequently, the present case was transferred to Sessions Judge, Udhampur for trial from where he has now suffered conviction and sentence.

(3.) The sentence imposed under Section 302 RPC is rigorous imprisonment for life and a fine of Rs. 50,000/- , in default thereof, to further undergo rigorous imprisonment for one year; under Section 3/25 Arms Act sentence of rigorous imprisonment of five years and Rs. 10,000/- as fine, in default thereof, to further undergo imprisonment for two months. Both the sentences have, however, been directed to run concurrently.