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2022 Supreme(UK) 218

RAVINDRA MAITHANI
Trilok Chand – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Respondent: Mr. Ranjan Ghildiyal, A.G.A.

JUDGMENT :

Ravindra Maithani, J.

Challenge in this revision is made to the following:-

    (i) Judgment and order dated 30.11.2009, passed in the Criminal Case No. 26 of 2008, State Vs. Trilok Chand, by the court of Judicial Magistrate, Tanakpur (“the case”). By the impugned judgment and order, the revisionist has been sentenced under Section 279, 427 and 304A IPC and sentenced as hereunder:-

(i) Under Section 279 IPC- rigorous imprisonment for a period of two years.

(ii) Under Section 427 IPC- rigorous imprisonment for six months

(iii) Under Section 304A IPC-rigorous imprisonment for a period of one year and six months and,

(ii) Judgement and order 21.10.2010 passed in Criminal Appeal No. 30 of 2009, Trilok Chand Vs. State of Uttarakhand by the court of Sessions Judge, Champawat. By it, the judgment and order passed in the case has been upheld.

2. None is present for the revisionist. In fact, non bailable warrants were issued against the revisionist, but on 07.06.2022, the Court observed that an admitted revision has to be decided on merits irrespective of the facts as to whether the revisionist appears or not. The Court has taken note of the judgment in the case of Praban Kumar Mitra Vs. St

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