YOUSUF LONE Vs. STATE OF J & K

JUDGEMENT

(1.) This appeal is by one Mohd. Yousuf Lone, who has been convicted by the learned Sessions Judge, Kupwara under sections 449, 392, 302 & 201 RPC vide Judgment dated 27.07.2010 and sentenced in proof of these offences vide order dated 29.07.2010. It may be noteworthy here that co-accused of the appellant, Bashir Ahmed Koshi S/o. Khairo Koshi R/o. Manigah, Kupwara, was convicted by the trial court under sections 365/109 RPC and sentenced to imprisonment for seven years and fine of Rs. 3000/. However, the period of sentence imposed upon him has been set off in terms of Section 397-A Cr.P.C. as he remained in custody from 31.01.1997 to 19.01.2005. Sentence of fine has also been implemented by realization of fine from him.

(2.) We have heard the learned counsel for the parties and have perused the record.

(3.) Facts, briefly, may be stated thus: