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2017 Supreme(UK) 622

RAJIV SHARMA, SHARAD KUMAR SHARMA
PHOOL SINGH – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


For the Appellants :Mr. Lokendra Dobhal with Mr. Naveen Tiwari, Advocates
For the State : Mr. D.K. Sharma, Sr. Adddl. AG with Mr. V.K. Jemini, Dy. A.G.

JUDGMENT

Per: Hon. Rajiv Sharma, J.

Since the common questions of law and facts are involved in all these appeals, the same have been taken up together and decided by this common judgment.

2. These appeals are directed against the judgment and order dated 30/31.8.2012 passed by the First Additional Sessions Judge, Udham Singh Nagar in S.T. No.306 of 2006, whereby the appellants/accused were charged with and tried for the offences u/s 364/302/201 IPC. At the end of trial, accused Ganga Singh, Phool Singh and Jaswant Singh were convicted and sentenced to undergo life imprisonment u/s 302/34 IPC with fine of Rs.10,000/- and in default of payment of fine, to undergo one year additional rigorous imprisonment.

3. Accused Ganga Singh, Phool Singh and Jaswant Singh were further convicted and sentenced to undergo three years' R.I. with fine of Rs.3,000/- for the offence u/s 201 IPC and in default of payment of fine, three months' additional rigorous imprisonment was awarded.

4. Accused Ganga Singh, Phool Singh, Jaswant Singh and Chet Ram were further convicted and sentenced to undergo ten years' R.I. with fine of Rs.5,000/- for the offence u/s 364 IPC and in default of payment of fine, six mo

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