State Of J&K vs Pritam Singh And Others
2021 Latest Caselaw 448 j&K

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                                                                 S.No.278
               HIGH COURT OF JAMMU AND KASHMIR
                            AT JAMMU
                     (through video conferencing)

                                                Crl LP No.39/2019
                                                CrlM No.619/2019
                                                In CrlA (AS) No.7/2019


State of J&K                                            ...Petitioner(s)
                           Through:-Mr. Aseem Sawhney, AAG
      V/s
Pritam Singh and others                                     ...Respondent(s)
                          Through:- None
Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                    ORDER

CrlM No.619/2019 This is an application seeking condonation of delay in the filling the appeal.

The application, for the reasons stated therein, which is supported by an affidavit, is allowed and delay of 205 days in filing the appeal is condoned.

Crl LP No.39/2019 Through the medium of this petition the petitioner seeks leave of this Court to challenge judgment dated 18.04.2018 passed by the learned Trial Court, whereby the respondents have been acquitted of the charges under Sections 307, 147, 148, 324, 201, 34 RPC, 4/25 Arms Act. It is contended by learned counsel for the petitioner that it has been observed by the learned Trial Court in the impugned judgment that some of the eye witnesses could not be cross-examined and on this ground their statements have been disbelieved. It is urged that cross-examination of these witnesses could not be recorded on account of failure of the defense to do so and not because of default of the prosecution. On this ground it is urged that learned Trial Court was not justified in ignoring these statements.

2 Crl LP NO.39/2019 c/w CrlA (AS) No.7/2019

Having regard to the contention raised by the learned counsel for the petitioner, a case for grant of leave to file appeal against the impugned judgment is made out. The application is, accordingly, allowed and leave to file appeal is granted.

CrlA (AS) No.7/2019 Heard learned counsel for the appellant. The appeal is admitted to hearing.

Trial Court record be summoned.

Post admission notice be issued to the respondents through concerned Police Station.

List for final hearing on 08.07.2021.

(Sanjay Dhar) Judge

Jammu 07.04.2021 Vinod.

VINOD KUMAR 2021.04.09 11:11 I attest to the accuracy and integrity of this document