ABDUL HAMEED TEELI Vs. STATE OF J&K

JUDGEMENT

(1.) Instant Criminal Conviction Appeal is directed by the appellant against the judgment of conviction and order of sentence dtd. 26/6/2016& 29/6/2016 rendered by the court of Ld. Pr. Sessions Judge Kulgam in file No. 75/S titled State V/S Ab. Hamid Teeli, whereby, appellant has been convicted and sentenced in FIR No. 18/2002 of Police Station D.H. Pora (i) to undergo life imprisonment and fine of Rs.20000.00 u/s 302 RPC and in default of payment of fine to further undergo imprisonment for six months, (ii) to undergo imprisonment for 3 years u/s 452 RPC, and (iii) to undergo 5 (five) years imprisonment and fine of Rs.1000.00 u/s 7/25 Arms Act for commission of offence of murder of one Nazir Ahmed Wagay @ Galwan. The trial judge has also made a reference being Cr. Ref. No. 4/2016 to this court under the provisions of Sec. 374 of the Code of Criminal Procedure 1973 for confirmation of the sentences.

(2.) Aggrieved of, and dissatisfied with the impugned judgment of conviction and order of sentence, appellant/convict has questioned their legality, propriety and correctness and has sought their setting aside on the following grounds:-

(3.) Sh. S.T. Hussain Sr. Advocate appearing for appellant/convict in addition to his oral arguments, has also submitted the written arguments and has sought the acquittal of appellant/convict on the following counts:-