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2024 Supreme(UK) 226

RAVINDRA MAITHANI, ALOK KUMAR VERMA
State of Uttarakhand – Appellant
Versus
Kuldeep – Respondent


Advocates:
Advocate Appeared:
For the Appellants : J.S. Virk, Pankaj Joshi, Pushpa Joshi, Nipush Mola Joshi, Arvind Vashistha, Hemant Singh Mehra.
For the Respondents: R.P. Nautiyal, Garima Thapa.

JUDGMENT :

RAVINDRA MAITHANI, J.

1. Since common questions of law and facts are involved in all these appeals and reference, same are heard together and being decided by this common judgment.

2. In Sessions Trial No. 199 of 2018, State Vs. Kuldeep and Others , by the impugned judgment and order dated 20.05.2022, passed by the court of Additional Sessions Judge, Laksar, District Haridwar, the appellants Kuldeep, Arun and Rahul have been convicted under Sections 302 , 120B, 506 IPC and sentenced as hereunder:

    (i) Under Section 302 IPC- Death sentence with a fine of Rs.50,000/- and in default of payment of fine four years additional rigorous imprisonment.

    (ii) Under Section 120B IPC- Death sentence with a fine of Rs.25,000/- and in default of payment of fine four years additional rigorous imprisonment.

    (iii) Under Section 506 IPC- Rigorous imprisonment for a period of seven years with a fine of Rs.25,000/- and in default of payment of fine one year additional rigorous imprisonment.

3. Criminal Reference No. 2 of 2022 has been instituted under Section 366 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “the Code”) for confirmation of death sentence as awarded to the

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