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2017 Supreme(UK) 241

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


Advocates:
Advocate Appeared:
For the Appellant :Mr. R.S. Sammal, Advocate with Mr. Rajeev Kumar Sharma, Amicus Curiae
For the Respondent:Mr. D.K. Sharma, Sr. Addl. Advocate General assisted by Mr. N.S. Kanyal, Brief Holder

JUDGMENT :

Rajiv Sharma, J.

1. This appeal is preferred against the judgment and order dated 11/12.07.2013 rendered by learned Sessions Judge, Bageshwar in S.T. No.20/2009, whereby the appellant/accused Bhagwan Singh, who was charged with and tried for the offences punishable under Sections 302 and 307 IPC and also u/s 25 of the Arms Act, was convicted u/s 302 IPC and sentenced to undergo life imprisonment with fine of Rs.25,000/- and in default of payment of fine, to undergo additional rigorous imprisonment for a period of one year. He was further convicted u/s 307 IPC and sentenced to undergo five years’ R.I. with fine of Rs.20,000/-, and in default of payment of fine, to undergo six months’ additional rigorous imprisonment. Both the sentences were directed to run concurrently.

2. However, the appellant was acquitted for the offence punishable u/s 25 Arms Act.

3. Case of the prosecution in a nutshell is that the FIR was lodged by PW3 Dharam Singh on 21.4.2007 at P.S. Kotwali Bageshwar. According to the contents of FIR, on 21.4.2007, the marriage of Rakesh S/o Bhagwan Singh was solemnized at Village Dafaut. Marriage procession had come back at 5:30 PM. The bridegroom’s father Bhagwan










































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