STATE OF J&K Vs. MOHINDER LAL
HIGH COURT OF JAMMU AND KASHMIR
STATE OF JANDK
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ARUN KUMAR GOEL, J. -
(1.) THIS appeal is directed against the judgment dated 20 -08 -1987 passed by learned Sessions Judge, Rajouri in File No. 26/ Sessions,
whereby respondent has been acquitted of the charges under Section 302/
201 Ranbir Penal -Code. A prayer is made for allowing this appeal by reversing the impugned judgment and consequently convicting the
respondent for the said offences
(2.) WITH a view to properly appreciate the respective submissions urged during the course of hearing of this appeal, brief facts giving
rise to it need to be noticed.
(3.) ACCORDING to prosecution on 30 -7 -1986 PW1 -Jia Lal lodged a complaint at Police Post Bhobani regarding the fact that Vijay Kumari
alias Babli wife of the respondent was missing. Respondent had been
residing at two villages viz Kalsyan and Laroka. It was further revealed
that the dead body of the deceased was found lying in Patli Nallah.
Near -by Dupatta, Nylan Chappal and Handkerchief were also found. In this
background police official Incharge at Police Post Bhobani PW -14 Netar
Prakash intitiated steps under Section 174 Criminal Procedure Code. As is
revealed from the evidence recorded during the course of prosecution
since the body was in the process of decomposition, it autopsy was get
done at village Bhobani on the bank of the Nallah.
It is also revealed during the course of evidence that one Nimo Devi daughter of Mulk Raj had illicit relations with the respondent. On
28 -7 -1986 when the deceased came to her house from Laroka she found this lady present at her house. This resulted in altercation between her and
the respondent, whereafter respondent is stated to have inflicted a
dandha blow on the head of the deceased followed by hammer blow and
thereafter he is further alleged to have thrown the dead body into the
nallah. It may be noted here that in the month of July it is raining
season and the nallah was swollen due to flood.;
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