Jammu and Kashmir Court April 1955 Judgments

Jabbar Dar Vs. State

Court: Jammu and Kashmir

Reported in: 1955CriLJ1179

Kilam, J.1. Sixteen accused persons, including the present appellant, Jabar Dar, were committed to Sessions to stand their trial under various sections of the Penal Code. Out of these 16 accused persons, 15 have been acquitted by the learned Sessions Judge, Srinagar, on the ground that the injuries inflicted by them upon the members of the complainant's party were in exercise of their right of private defence. Jabar Dar, the learned Sessions Judge has held, is not entitled to the benefit of the plea of self-defence. He has convicted him under Sections 304/326/324, R. P. C. and sentenced him to undergo rigorous imprisonment for five years, two years and one year respectively, the sentences to run concurrently.2. The allegation of the prosecution is that a plot of land belonging to one of the accused persons, Sultan Lone, was mortgaged with one Aziz Wagey. On an application under the Restitution of Mortgaged Properties Act, the mortgagor accused secured an order for the restitution of th...