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2022 Supreme(UK) 34

RAVINDRA MAITHANI
Sachin – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. S.R.S. Gill, Amicus Curiae and Mr. Milind Raj, Advocate
For the Respondent: Mr. B.S. Thind

JUDGMENT :

Ravindra Maithani, J.

Since, common question of facts and law are involved in both these criminal jail appeals, they are being decided by the common judgment.

2. Appellant Sachin has been convicted under section 307 and 394 IPC on 30.11.2021 in Sessions Trial No. 13 of 2018, State Vs. Sachin by the court of 2nd Additional Sessions Judge, District Haridwar. He has been sentenced on 02.12.2021 as hereunder;

    (i) Under Section 307 IPC, rigorous imprisonment for 7 years and a fine of Rs. 10,000/-.

(ii) Under section 394 IPC, rigorous imprisonment for 7 years and a fine of Rs. 10,000/-. In default of payment of fine, it has further been directed that the appellant shall undergo simple imprisonment for a further period of one month.

The appellant has also been convicted under Section 25 of the Arms Act, 1959 (for short, “the Arms Act”) on 31.11.2021 in Sessions Trial No. 14 of 2018, State Vs. Sachin by the court of 2nd Additional Sessions Judge, Haridwar. He has been sentenced to rigorous imprisonment for five years and a fine of Rs. 5,000/-. In default of payment of fine, it has been directed that the appellant shall undergo imprisonment for a further period of one month.

3. Crimina

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