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2012 Supreme(SC) 476

P.SATHASIVAM, RANJAN GOGOI
Ramesh Chilwal @ Bombayya – Appellant
Versus
State of Uttarakhand – Respondent


Judgment :

1) Leave granted.

2) Heard learned counsel for the appellant as well as for the respondent-State.

3) On 9th April, 2012, this Court issued notice confining to the question of sentence only that too for clarifying that all the sentences to run concurrently.

4) Learned counsel appearing for the appellant has brought to our notice that the trial Judge has convicted and sentenced the appellant in the following order:

i) The accused Ramesh Chilwal @ Bambayya is convicted in Case Crime No.580/2004, Special Session Triable Case No.28/2005 under Section 302 I.P.C. and sentence for the rigorous imprisonment of life and a fine of Rs.1,00,000.00 (Rupees one lakh). In default for the payment of fine, he shall also serve a simple imprisonment for a period of six months. Out of this Rupees One Lac, Rs.50,000.00 (Rupees fifty thousand) is awarded as compensation to the family of the deceased.

ii) The accused Ramesh Chilwal @ Bambayya is convicted in Case Crime No. 580/2004, Special Session Triable Case No.28/2005 under Section 2/3 [3(1)] Gangsters Act and sentence for the rigorous imprisonment of 10 (ten) years and a fine of Rs.50,000.00 (Rupees fifty thousand). In default for the p





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