RAJIV SHARMA, ALOK SINGH
RAJ KUMAR – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
JUDGMENT
Per: Hon'ble Rajiv Sharma, J.
Since common questions of law and facts are involved in the above-titled criminal appeal, hence the same are being taken up together and adjudicated by this common judgment.
2. These appeals are instituted against the judgment and order dated 29.10.2015/03.11.2015, rendered by learned Ist Additional Sessions Judge, Haldwani, District Nainital, in Sessions Trial No.40 of 2014, whereby the appellants were charged with and tried for the offences under Section 302/201/34 IPC. The appellants were convicted and sentenced to undergo life imprisonment under Section 302 read with Section 34 IPC and to pay a fine of Rs.5,000/- (each) and in default of payment of fine to under additional rigorous imprisonment for a period of three months. The appellants were also convicted and sentenced to undergo rigorous imprisonment for a period of seven years under Section 201 IPC and to pay a fine of Rs.2,000/- (each) and in default of payment of fine to undergo additional simple imprisonment for a period of one month.
3. The case of the prosecution, in a nutshell, is that PW1 Nanhe Lal lodged a report on 19.01.2014, to the effect that his brother-in-law was living with
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