LAWS(SC)-2015-10-15

DINESH LAL Vs. STATE OF UTTARAKHAND

Decided On October 06, 2015
DINESH LAL Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This criminal appeal by special leave is directed against the impugned judgment and order dated 3.7.2013 passed in Crl. A. No. 153 of 2010 by the High Court of Uttarakhand at Nainital whereby it affirmed the judgment and order dated 10.6.2010 passed by the District & Sessions Court, Tehri Garhwal, New Tehri (for short the "the Trial Court") in Sessions Case No. 16 of 2009, convicting the appellant herein for the offence punishable under Section 302 of Indian Penal Code, 1860 (for short "IPC") and Section 4/25 of the Arms Act, 1959 and sentenced him to life imprisonment with a fine of Rs.20,000/- for the offence punishable under Section 302 of IPC and two years rigorous imprisonment with a fine of Rs.10,000/- for the offence punishable under Section 4/25 of the Arms Act, 1959. Both the sentences imposed upon him for the abovesaid offences were to run concurrently.

(3.) Brief facts are stated hereunder to appreciate the rival legal contentions urged on behalf of the parties: