LAWS(J&K)-1994-5-5

RAJAN KUMAR Vs. STATE

Decided On May 09, 1994
Rajan Kumar Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS is an application for bail in a pending appeal.

(2.) THE appellant has been convicted under section 302 RPC and sentenced to life imprisonment. He has also been convicted under section

(3.) /25 Arms Act and has been sentenced to three years rigorous imprisonment. Learned counsel appearing on behalf of the appellant has assailed the judgment of the trial court on a number of grounds. He has attempted to show that the judgment passed by the trial court is prima facie bad and the appellant is entitled to be released on bail, as there is likelihood of the appeal being allowed. 3. It is contended that the appellant was not named in the First Information Report and the identity of the person who fired the fatal gunshot has not been established. He has also assailed the statements of the eyewitnesses, Gurcharan Singh and Dayal Singh and has contended that the prosecution story as given by these two witnesses is liable to be rejected for implicit contradictions on vital questions. It was also contended that the appellant was in jail for more than eight years and, therefore, he should be released on bail particularly as the circumstances of the case indicate that he has been wrongly convicted.