Excelsior Correspondent
JAMMU, July 30: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar has partly allowed the appeal filed by SSP Anantnag against the acquittal, convicted one accused namely Sabzar Ahmad Sofi by holding him guilty for offence under Section 304 RPC (part II) and awarded him simple imprisonment of five years with a fine of Rs 2 lakh.
The acquittal appeal was laid against the judgment dated 05.03.2005 passed by the Sessions Judge Anantnag in criminal challan arising out of case FIR No.149/2001 under Sections 302/34 RPC of Police Station Bijbehara, in terms whereof the respondents stood acquitted of the charge of offences under Sections 302/201/34 RPC.
The judgment was questioned on the premise that the trial court finding was erroneous as it has wrongly appreciated evidence examined during the trial and has given benefit of doubt to the respondents only on the ground that there were contradictions which, however, were of minor in nature and did not prove fatal for the prosecution.
After hearing both the sides, the DB observed, “after due consideration to the facts and circumstances of this case and for dispensing the justice and deciding the appropriate sentence, we are of the considered view in the facts and circumstances of the case that the imposition of sentence of five years simple imprisonment with fine of Rs 2 lakh would meet the ends of justice”.
Accordingly, Division Bench allowed the appeal to the extent of accused-Sabzar Ahmad Sofi.
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