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2024 Supreme(UK) 225

RAVINDRA MAITHANI
Devendra Singh – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Vipul Sharma, Maneesh Bisht, A.S. Rawat, Girveer Chand.
For the Respondents: Virendra Singh Rawat, Deep Prakash Bhatt.

JUDGMENT :

RAVINDRA MAITHANI, J.

1. Since both these revisions arise from the same Sessions Trial, they are heard together and are being decided by this common judgment.

2. The challenge in these revisions are made to the Judgment and Order dated 17.02.2021, passed in Sessions Trial No. 217 of 2019, State vs. Vikram Samra and others, by the court of Additional Sessions Judge, Khatima, District Udham Singh Nagar (“the case”). By the impugned order, the revisionists have been summoned under Section 319 of the Code of Criminal Procedure, 1973 (“the Code”) for answering the accusation under Sections 147, 148, 149, 452, 307 IPC read with Sections 149 and 506 IPC.

3. Heard learned counsel for the parties and perused the record.

4. The case is based on an FIR No. 203 of 2019, dated 14.06.2019, Police Station Sitarganj, District Udham Singh Nagar, lodged by Santra Devi W/o PW1 Sunil Yadav.

5. According to the FIR, on 13.06.2019, at about 03:00 PM, 7–8 persons suddenly entered into the godown of the informant in a motorcycle and in a car. They had masked their faces. They attacked PW1 Sunil Yadav by sharp edged weapons, sword, etc. Out of these 7–8 persons, two had country made pistol/pistol. PW1

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