Kulwant Singh vs State of Uttarakhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(UK) 290

S.K.MISHRA, R.C.KHULBE
Kulwant Singh – Appellant
Versus
State of Uttarakhand – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Ajay Veer Pundir, the learned counsel
For the Respondent:Mr. J.S. Virk, the learned Dy. Advocate General along with Mr. Rakesh Kumar Joshi
For the Complainant :Mr. M.S. Pal, the learned Senior Advocate assisted by Mr. B.M. Pingal

JUDGMENT :

S.K.Mishra, J.

Having been convicted of the offence under Sections 302, 324 and 504 of the Indian Penal Code, 1860 (hereinafter referred to as the Penal Code for brevity), the appellant Kulwant Singh has assailed the judgment passed by the learned 1st Additional Session Judge, Nainital in Sessions Trial No. 109 of 2013, dated 10.10.2018. He was charged for the offence under Sections 302, 324, 504 of the Penal Code read with Section 30 of the Arms Act. He was convicted for the offences as mentioned above. He is sentenced to undergo imprisonment for life and pay a fine of Rs. 50,000/- under Section 302 of the Penal Code, in default, he has to undergo further 1 year imprisonment; he is also sentenced to undergo 1 year imprisonment and pay a fine of Rs. 3,000/- under Section 324 of the Penal Code, in default, he has to undergo one month of simple imprisonment and is sentence to undergo 1 year imprisonment and pay a fine of Rs. 2,000/- under Section 504 of the Penal Code, in default, he has to undergo one month simple imprisonment. All the substantive sentences are directed to run concurrently.

2. Shorn of unnecessary details, the case of the prosecution is that, the appellant K