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2024 Supreme(UK) 64

RITU BAHRI, ALOK KUMAR VERMA
State of Uttarakhand – Appellant
Versus
Sartaj – Respondent


Advocates:
Advocate Appeared:
For the Appellants J.S. Virk, Rakesh Kumar Joshi.
For the Respondents: Ram Singh Sammal, Sarita Bisht

JUDGMENT :

RITU BAHRI, C.J.

1. A reference has been sent by the IV Additional Sessions Judge, Haridwar, in S.T. No. 14 of 2017, State Vs Sartaj, passed vide judgment and order dated 29.11.2018, whereby the respondent Sartaj has been convicted for the offences punishable under Section 302 , 307 of IPC. He has been further convicted for the offence under Section 4 /25 of ARMS ACT , in S.T. No. 15 of 2017. The convict/respondent was sentenced to death along with a fine of Rs.40,000/- in respect of offence punishable under Section 302 IPC, and he was further sentenced to undergo imprisonment for life along with a fine of Rs.30,000/- in respect of offence punishable under Section 307 IPC. Convict / respondent has also been sentenced to undergo six months rigorous imprisonment in respect of offence punishable under Section 4 /25 of ARMS ACT along with a fine of Rs.1,000/. All the sentences were directed to run concurrently, except the death penalty. Against said judgment and order, criminal appeals have also been filed by the convict.

2. Prosecution story, in brief, is that on 24.09.2016, at around 02:35 A.M., a complaint was submitted by the complainant Arif to the S.H.O., P.S. Ranipur, Di

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