Kurban vs State of Uttarakhand - 2024 Supreme(UK) 389

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2024 Supreme(UK) 389

PANKAJ PUROHIT
Kurban – Appellant
Versus
State of Uttarakhand – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Navneet Kaushik, learned counsel
For the Respondent:Mr. K.S. Bora, learned Deputy Advocate General with Mr. J.P. Kandpal, learned Brief Holder

JUDGMENT :

Pankaj Purohit, J.

At the very outset, it needs to be mentioned that during the course of pendency of appeal, appellant no.4, namely, Gulshan passed away due to which the appeal stood abated against the said appellant vide order dated 18.09.2023 passed by this Court. Now, the appeal is heard and adjudicated qua remaining three appellants, namely, Kurban, Furkan and Gulfam.

2. Heard learned counsel for the parties.

3. This is an appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter to be referred as “the Cr.P.C.”) against the judgment and order dated 16/17.09.2009 passed by learned Additional Sessions Judge, Roorkee, Haridwar in Sessions Trial No.162 of 2007, whereby appellants have been convicted and sentenced as under:-

S.No.	Conviction	Sentence	Fine	Sentence in-lieu of fine
1.	324/34 IPC	01 year R.I.	-	-
2.	452 IPC	02 years’ R.I.	Rs.1,000/-	One month additional imprisonment
3.	308/34 IPC	04 years’ R.I.	Rs.2,000/-	Two months’ additional imprisonment

All the sentences were directed to run concurrently. However, the accused

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2024 Supreme(UK) 389

PANKAJ PUROHITKurban – AppellantVersusState of Uttarakhand – Respondent

Cases Referred (1)

PANKAJ PUROHIT
Kurban – Appellant
Versus
State of Uttarakhand – Respondent