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2024 Supreme(UK) 240

RITU BAHRI, ALOK KUMAR VERMA
State of Uttarakhand – Appellant
Versus
Satyesh Kumar alias Sonu – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. J.S. Virk, Deputy Advocate General assisted by Mr. Rakesh Joshi, Brief Holder., Mrs. Pushpa Joshi, Amicus Curiae (Senior Advocate) assisted by Ms. Chetna Latwal, Advocate., Mr. R.P. Nautiyal, Senior Advocate assisted by Ms. Garima Thapa, Advocate.
For the Respondent:Mrs. Pushpa Joshi, Amicus Curiae (Senior Advocate) assisted by Ms. Chetna Latwal, Advocate and Ms. Nipush Mola Joshi, Advocate., Mr. J.S. Virk, Deputy Advocate General assisted by Mr. Rakesh Joshi, Brief Holder., Mr. Rakesh Kumar Joshi, Brief Holder.
For the Informant :Mr. Jayvardhan Kandpal, Advocate.

JUDGMENT :

Alok Kumar Verma, J.

The Criminal Reference and these two Appeals have arisen from a common judgment and order dated 01.12.2018/04.12.2018, passed by learned Additional Sessions Judge, Rudraprayag in Sessions Trial No.11 of 2017 “State of Uttarakhand vs. Satyesh Kumar alias Sonu and Others”.

2. The trial court has awarded death sentence to the appellant – accused Mukesh Thapliyal and the appellant-Satyesh Kumar alias Sonu for the offence under Section 302 of the Indian Penal Code, 1860 (in short, “IPC”) read with Section 34 IPC and referred the matter to this Court for confirmation of the same in terms of the provisions of Section 366 of the Code of Criminal Procedure, 1973.

3. The appellant Mukesh Thapliyal and the appellant Satyesh Kumar alias Sonu have been further convicted and sentenced to undergo rigorous imprisonment for a period of ten years each along with a fine of Rs. 5,000/- each for the offence under Section 392 IPC, and in default of payment of fine, they have been directed to undergo further simple imprisonment for a period of three months.

4. The appellant Mukesh Thapliyal and the appellant Satyesh Kumar alias Sonu have been convicted and sentenced to undergo

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