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2019 Supreme(UK) 587

SUDHANSHU DHULIA, ALOK KUMAR VERMA
AKHIL KUMAR AGARWAL – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


For the Appellant :Mr. Vishnu Chandra Gupta, Mr. Vipul Gupta, Mr. D.S. Sammal and Mr. Lalit Sharma, Advocates
For the State :Mr. Subhash Tyagi Bhardwaj, Dy. Adv. General with Ms. Mamta Joshi, Brief Holder and Mr. R.P. Nautiyal, Learned Senior Advocate assisted by Mr. Harshpal Sekhon, Advocates

JUDGMENT

Per : Alok Kumar Verma, J.

These Criminal Appeals are directed against the judgment of conviction and sentence dated 22.03.2017 passed by learned IIIrd Additional Sessions Judge, Rudrapur, District Udham Singh Nagar in Session Trial No.147 of 2011, State vs. Akhil Kumar Agarwal and two others, whereby sentencing appellant/accused Akhil Kumar Agarwal, life imprisonment for the offence punishable under Section 120B IPC read with Section 364A IPC with a fine of Rs.15,000/- and to undergo rigorous imprisonment for a period of three years for the offence punishable under Section 201 IPC read with Section 120B IPC with a fine of Rs.5,000/- and in default for further six months, sentencing appellants/accused Vimal Kumar Sharma and Javed life imprisonment for the offence punishable under Section 364A IPC read with Section 120B IPC with a fine of Rs.15,000/- and to undergo rigorous imprisonment for a period of three years for the offence punishable under Section 201 IPC read with Section 120B IPC with a fine of Rs.5,000/- each and in default for further six months.

2. The case of the prosecution is that on 24.11.2010 at 21.30 p.m., the informant Rakesh Gupta, PW-1, lodged a First In

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