Anuj Chauhan vs State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(UK) 289

SANJAYA KUMAR MISHRA, R.C.KHULBE
Anuj Chauhan – Appellant
Versus
State of Uttarakhand – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Shri Arvind Vashisht, learned Sr. Advocate assisted by Shri Imran Ali Khan
For the Respondent:Shri J.S. Virk, learned Deputy Advocate General with Shri Rakesh Joshi

JUDGMENT :

Sanjaya Kumar Mishra, J.

1. In this appeal, appellant Anuj Chauhan takes exceptions to his conviction recorded by learned Sessions Judge, Haridwar in Sessions Trial No. 256 of 2012 under Section 302, 504 of the Indian Penal Code, 1860 (hereinafter referred to as “Penal Code” for brevity) and under Section 27 and 30 of the Arms Act, 1959 (hereinafter referred to as “Arms Act” for brevity) vide judgment and order dated 19.12.2016 and he has been sentenced to undergo imprisonment for life and to pay a sum of Rs. 5,000/- and in default, to further undergo rigorous imprisonment of six months under Section 302 IPC; to undergo rigorous imprisonment of three years and to pay fine of Rs. 2,000/- and in default, to further undergo rigorous imprisonment of three months under Section 27 of the Arms Act.

2. Deceased Sanjay, younger brother of PW1 Mukesh Kumar - complainant in this case, was carrying on the business of construction activities. Appellant – Anuj Chauhan promised to secure a job for Ravinder and he was paid Rs. 70,000/- for it by the deceased. When appellant – Anuj Chauhan did not fulfil his promise, he was approached by deceased several times for return of the money. On 08