State Of J And K vs Surinder Singh And Others
2021 Latest Caselaw 464 j&K

                                                                       Serial No.209




              HIGH COURT OF JAMMU AND KASHMIR
                         AT JAMMU

                                                      SLA No. 286/2014
                                                  In CRAA No. 274/2014




State of J and K                                      ...Appellant/Petitioner(s)
                        Through:-Mr. Aseem Sawhney, AAG.

                           v/s

Surinder Singh and others                                     ....Respondent(s)

                      Through:- None.



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

                                       ORDER

SLA No. 286/2014

I have learned counsel for the appellant and perused the impugned

judgment as well as the record of the learned Trial Court.

Learned counsel for the appellant has contended that the learned

trial Court, while acquitting the accused, has landed itself into error

inasmuch as it has disbelieved the statements of close relations of the

deceased and based its findings simply on the ground that the neighbours of

the deceased, who happen to be independent witnesses, have turned hostile.

According to the learned counsel in a case pertaining to the

harassment of a married lady by her in-laws, near relations are the best

witnesses. The aspect, according to the learned counsel, has been ignored by

the learned trial Court while acquitting the accused.

Having regard to the submissions of the learned counsel for the

appellant, a case for grant of leave to file the appeal is made out.

In CRAA No. 274/2014

The application is accordingly allowed and the appellant is granted

leave to file an appeal against the impugned judgment.

The application stands disposed of.

CRAA No. 274/2014

Heard learned counsel for the appellant.

The appeal is admitted to hearing.

Post admission notice be issued to the respondents.

Trial Court record has already been received.

List for final hearing on 19.07.2021.

(SANJAY DHAR) JUDGE Jammu 12.04.2021 Renu

RENU BALA 2021.04.19 10:59 I attest to the accuracy and integrity of this document