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2017 Supreme(UK) 209

RAJIV SHARMA, SHARAD KUMAR SHARMA
Puskar Singh – Appellant
Versus
State of Uttarakhand – Respondent


Advocates Appeared:
For the Appellant :Mr. R.K. Joshi, Advocate
For the Respondent:Mr. D.K. Sharma, Senior Addl. Advocate General

JUDGMENT :

Rajiv Sharma, J.

This criminal appeal is instituted against the judgment and order dated 08.08.2012 passed by learned Additional District & Sessions Judge, Khatima, District Udham Singh Nagar in Sessions Trial No. 265 of 2005, whereby the accused/appellants-Puskar Singh, Kulwant Singh @ Kali and Surjeet Singh @ Billu were charged with and tried for the offences punishable under Sections 302 & 201 of IPC. Kulwant Singh @ Kali and Surejeet Singh @ Billu were acquitted. Appellant-Puskar Singh was convicted under Sections 302 & 201 of IPC. The trial court has sentenced the accused/appellant to undergo rigorous imprisonment for life with fine of Rs.5000/- under Section 302 IPC and in case of default of payment of fine, to undergo simple imprisonment for a further period of six months and also to undergo for two years rigorous imprisonment with fine of Rs.1,000/- under Section 201 IPC and in case of default of payment of fine, to undergo simple imprisonment for a further period of one month with the stipulation that all the sentences shall run concurrently.

2. The case of the prosecution, in a nutshell, is that complainant’s father - Jaman Singh (deceased) left his house on 17.08











































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