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| DB dismisses State's appeal against acquittal in murder case | | | EARLY TIMES REPORT
Jammu, Feb 9: Division Bench of Jammu & Kashmir High Court Jammu Wing today dismissed the appeal filed by the State against the judgment of Additional Sessions Judge Doda dated June 24, 2010 whereby the court acquitted Mohd Amin from charges of murder. Division Bench of Jammu & Kashmir High Court Jammu Wing comprising Chief Justice FM Ibrahim Kalifulla and Justice Virender Singh dismissed the appeal filed by the State against the judgment of Additional Sessions Judge Doda dated June 24, 2010 whereby the Court acquitted Mohd Amin from charges of murder.
The judgment written by the Justice Virender Singh for the Division Bench after hearing Deputy AG Vinod Bakshi for the state whereas Adv Ms Mudassir Yousaf for the respondents observed that it is well settled that in an appeal against the acquittal, no doubt, the court can review the entire evidence, but would interfere only if there are compelling or substantial reasons. Admittedly, that is not the fact position in the case on hand and appreciating the case on all Counts, Division Bench could not find any reason much less good reason warranting indulgence by Division Bench in the well reasoned judgment of acquittal earned by the Mohd Amin and same is dismissed. According to the police case that on July 1, 2003 Police Post Karara received an information that during the night certain unknown persons had shot dead Javed Iqbal with certain fire arms and his dead body was lying on the spot. On this police registered a case u/s 33/2003 for the offences u/s 302 RPC and 7/27 Arms Act came to be registered and after completion of investigation challan was presented and Additional Sessions Judge Doda on June 24, 2010 acquitted the persons and state preferred appeal which was dismissed by the Division Bench. (JNF) |
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