State Th S.S.P. Poonch vs Mohd Azam And Others
2021 Latest Caselaw 460 j&K

                                                                     Serial No.219




              HIGH COURT OF JAMMU AND KASHMIR
                         AT JAMMU

                                                            SLA No. 21/2014
                                                        In CRAA No. 21/2014



State Th S.S.P. Poonch                                          ...Appellant(s)
                       Through:- Mr. Adarsh Bhagat, GA.


                          v/s

Mohd Azam and others                                          ....Respondent(s)

                      Through:- Mr. K.K. Pathan, Advocate for R-4,6 &8.



Coram:       HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE

                                      ORDER

SLA No. 21/2014

Respondent Nos. 5 and 7 have expired whereas respondent No. 1 to 3

have been declared as proclaimed offenders and they need not be present

before the learned Trial Court.

Heard learned counsel for the parties and perused the impugned

judgment.

It is contended by the learned counsel for the petitioner that the Trial

Court, while acquitting the accused by virtue of impugned judgment has

disbelieved the statement of the independent witness on the ground that there

is no corroboration to the said statement from the other prosecution

witnesses. It is further contended that the observation of the learned Trial

Court that the eye witness cannot be believed because he did not know as to

how many stones were pelted and whether the said stones did cause any

injury to the patrolling party, is not in accordance with the law.

CRAA No. 21/2014

Having regard to the contentions raised by the learned counsel for the

petitioner, a case for grant of leave to file appeal is made out. Accordingly,

leave to file appeal against the impugned judgment is granted and the

application is allowed.

CRAA No. 21/2014

Main appeal is taken on board.

The appeal is admitted to hearing.

Record of the Trial Court has been received.

The Registry is directed to list the appeal for final hearing on

15.07.2021. Paper book be prepared and copies thereof be furnished to

learned counsel for the parties.

(SANJAY DHAR) JUDGE Jammu 09.04.2021 Renu

RENU BALA 2021.04.19 16:48 I attest to the accuracy and integrity of this document