SARWAR KHAN Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The judgment dtd. 29/1/2021 passed by the court of learned Principal Sessions Judge, Poonch (hereinafter to be referred as the trial court), whereby the appellant has been convicted for commission of offence under Sec. 304-I RPC and 27/30 Indian Arms Act, along with the order dtd. 30/1/2021 by virtue of which the appellant has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000.00 for commission of offence under sec. 304-I RPC and further rigorous imprisonment for five years and also to pay a fine of Rs.5,000.00 for the commission of offence under sec. 27 of the Indian Arms Act, is the subject matter of appeal filed by the appellant-Sarwar Khan. An acquittal appeal has also been filed by the Union Territory of the Jammu and Kashmir bearing Crl. A (AD) No. 10/2022 against the acquittal of the appellant of the charge under sec. 302 RPC. The brother and mother of the deceased have also filed a revision petition bearing Crl. R No. 13/2022 against the aforesaid judgment and prayer has been made for convicting the appellant for commission of offence under sec. 302 RPC.

(2.) The judgment has been impugned by the appellant/accused on the ground that there was no cogent evidence regarding the commission of offence against him and further that there was no link connecting the appellant with the commission of offences.

(3.) In the acquittal appeal and revision petition, the contention of the appellant-Union Territory of Jammu and Kashmir and mother and brother of the deceased is that the appellant was required to be punished for commission of offence under sec. 302 RPC instead of 304-I RPC and further that the appellant was required to be sentenced with death penalty