ABDUL WAHEED NAIK Vs. STATE OF J&K

JUDGEMENT

(1.) Instant Criminal Conviction Appeal is directed by the appellant against the judgment and orders dtd. 28/11/2011 and 29/11/2011 rendered by the court of Ld. Pr. Sessions Judge Ramban in case titled State Vs. Abdul Wahid bearing file No. S.T. No. 07/2004, whereby, appellant has been found guilty, convicted and sentenced to life imprisonment and fine of Rs.10000.00 for commission of offence punishable under Sec. 302 RPC and for rigorous imprisonment for a period of 7 years and fine of Rs.10000.00 for commission of offence punishable under Sec. 27(2) of Arms Act in case FIR No. 29/2003 of Police Station Banihal.

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

(3.) Respondent has opposed and contested the appeal on the premise, that the Ld. Trial Court has appreciated the evidence and material on record and has rightly convicted appellant for commission of offences u/s 302 RPC r/w Sec. 27(2) Arms Act, whereby, appellant has been found guilty and sentenced to imprisonment for life and fine of Rs.10000.00 for commission of offence under Sec. 302 RPC and rigorous imprisonment for 7 years and fine of Rs.10000.00 for commission of offence under Sec. 27(2) Arms Act. It is contended, that appellant after a full dress trial, after appreciating the evidence on record by the trial court in it's right perspective has been convicted and sentenced. Prayer has been made for affirmation of the conviction and sentence.