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2025 Supreme(SC) 236

B. R. GAVAI, AUGUSTINE GEORGE MASIH
Constable 907 Surendra Singh – Appellant
Versus
State of Uttarakhand – Respondent


JUDGMENT

B.R. GAVAI, J.

1. These appeals challenge the judgment and final order dated 27th December 2012 passed by the High Court of Uttarakhand at Nainital by which the High Court dealt with three Criminal Appeals which had been filed challenging the judgment and order dated 6th September 2006 passed by the learned Sessions Judge, Dehradun [Hereinafter referred to as the ‘trial court’.]. The first set of appeals before the High Court being Criminal Appeal Nos. 217 of 2006 and 218 of 2006 challenging the judgment and order of the trial court had been preferred by accused No.1-Jagdish Singh by which he had been convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 [For short ‘IPC’.] and Section 27(1) of the Arms Act, 1959 [For short ‘Arms Act’] and sentenced to undergo imprisonment for life. The second set of appeal being Government Appeal No. 100 of 2008 before the High Court was filed by the respondent-State of Uttarakhand against the present appellants namely, Constable 907 Surendra Singh, Constable 192 Surat Singh and Ashad Singh Negi (accused Nos. 4, 2 and 3 respectively) challenging the said judgment of the trial court by whic

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