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2024 Supreme(Online)(UT) 3681

HIGH COURT OF UTTARAKHAND
AMIT SHARMA – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
Ms. Pushpa Joshi, Senior Advocate assisted by Ms. Nipush Mola Joshi, Advocate holding brief of Mr. Pankaj Kumar Sharma, Advocate for the revisionists. Mr. M.A. Khan, AGA for the State/respondent no.1. Mr. Birendra Singh Adhikari, Advocate for respondent no.2. Mr. Birendra Singh Adhikari, Advocate for the revisionist. Ms. Pushpa Joshi, Senior Advocate assisted by Ms. Nipush Mola Joshi, Advocate for respondent nos.2 and 3.

JUDGMENT

Hon’ble Ravindra Maithani, J. (Oral)

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

2. For the sake of convenience, the parties are referred to as they are placed in Criminal Revision No.232 of 2024.

3. The challenge in Criminal Revision No.232 of 2024 is made to the following:-

(i) Judgment and order dated 12.03.2020, passed in Criminal Case No.423 of 2020, State vs. Amit Sharma and others, by the court of Additional Chief Judicial Magistrate, Haridwar (for short, “the case”), by which, the revisionists have been convicted under Section 323, 325 IPC and sentenced as follows:-

(a) Under Section 323 IPC – to undergo simple imprisonment for a period of six months with a fine of 1000/-. In default of payment of fine, to further undergo additional simple imprisonment for a period of seven days.

(b) Under Section 325 IPC – to undergo imprisonment for a period of three years with a fine of 5000/-. In default of payment of fine, to undergo simple imprisonment for a further period of one month; and (ii) Judgment and order dated 16.02.2024, passed in Criminal Appeal No.121 of 2021, Amit Sharma and

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