Judgment :-

H.L. Dattu, J.

1. Leave granted.

2. This appeal is directed against the judgment and order passed by the High Court of Uttarakhand at Nainital in Criminal Appeal No.1481 of 2001 dated 21.07.2009. By the impugned judgment, the High Court has confirmed the Order of conviction and sentence of the appellant passed by the Trial Court under Section 302 read with Section 149 of the Indian Penal Code, 1860 (for short ‘the IPC’).

3. The appellant was one of the accused before the Trial Court for the alleged offences punishable under Section 302 read with Sections 149 and 147 of the IPC. The Trial Court by its judgment and order dated 18.10.1995 in Sessions Trial No. 39 of 1992, convicted and sentenced the appellant for rigorous imprisonment of two years under Section 147 and imprisonment for life under Section 302 read with Section 149 IPC, both sentences to run concurrently. Aggrieved by the order so made, the appellant and others approached the High Court of Uttarakhand at Nainital by way of criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (for short ‘the Cr.P.C.’) on various grounds.

4. Before the High Court, apart from others, the learned counsel