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2013 Supreme(SC) 438

B.S.CHAUHAN, FAKKIR MOHAMED IBRAHIM KALIFULLA
MANGA @ MAN SINGH – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


JUDGMENT

Fakkir Mohamed Ibrahim Kalifulla, J.:- In these appeals the challenge is to the common judgment of the Division Bench of the High Court of Uttarakhand at Nainital dated 14.6.2007 in Criminal Appeal Nos.17, 18, 19, 21, 22, 23, 24, 25 and 95 of 2005. The High Court by the impugned judgment confirmed the conviction and sentences awarded by the trial Court in its judgment and order dated 01.2.2005, in Sessions Case No.156/2002 State v. Soma and Others. The appellants were all convicted for offences under Section 302, 307 read with Section 149 and Sections 147 & 148 of Indian Penal Code (IPC). Each of the accused was awarded the punishment of life imprisonment and fine of Rs.5000/- under Sections 302/149 IPC and seven years rigorous imprisonment and fine of Rs.3000/- under Section 307/149 IPC and one year’s rigorous imprisonment and Rs.1000/- fine under Section 148 IPC and six months’ rigorous imprisonment and Rs.500/- fine under Section 147 IPC. All the sentences were directed to run concurrently.

2. Criminal Misc. Petition No.22687 of 2011 in Criminal Appeal No.1160 of 2008 filed by the de facto complainant is allowed. Applicant is impleaded as party-respondent.

3. The gene























































































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