01. The appellant is aggrieved of judgment dated 06.03.2014, propounded by
learned Principal Sessions Judge, Kathua [“the appellate court”] by virtue of
which, the conviction appeal preferred by him, against judgment dated
29.09.2012 passed by learned CJM, Kathua [for short “the trial court”], came to
be dismissed and his conviction and sentence for offence under Section 326
RPC came to be upheld.
02. The factual narration of the prosecution case, shorn of verbosity, is that on
06.05.2005, one Vijay Kumar [“the complainant”], lodged an oral report in
Police Station, Lakhapur stating inter alia that he along with Tehsildar Kathua
had gone to Ramnagar for demarcation of his land. After the demarcation
process, at about 5 PM, he was called by the Tehsildar and while he was going
to him, he was intercepted by accused persons, namely, Satish Kumar [the
appellant], Pushap Nath and Nain Shukh, who had a land dispute with him. They
started beating him with fists and blows, due to which he sustained a grievous
injury on his ear. On the receipt of this report, FIR No. 18/2005 for offence
under Section 341 and 343 RPC came to be registered. The investigation
2025:JKLHC-JMU:1917
culminated in the final report against accused, including the appellant, for
offences under Sections 326/341 RPC.
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