CONSTABLE 907 SURENDRA SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These appeals challenge the judgment and final order dtd. 27/12/2012 passed by the High Court of Uttarakhand at Nainital by which the High Court dealt with three Criminal Appeals which had been filed challenging the judgment and order dtd. 6/9/2006 passed by the learned Sessions Judge, Dehradun(Hereinafter referred to as the 'trial court'). The first set of appeals before the High Court being Criminal Appeal Nos. 217 of 2006 and 218 of 2006 challenging the judgment and order of the trial court had been preferred by accused No.1-Jagdish Singh by which he had been convicted for the offence punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code, 1860(For short 'IPC') and Sec. 27(1) of the Arms Act, 1959(For short 'Arms Act') and sentenced to undergo imprisonment for life. The second set of appeal being Government Appeal No. 100 of 2008 before the High Court was filed by the respondent-State of Uttarakhand against the present appellants namely, Constable 907 Surendra Singh, Constable 192 Surat Singh and Ashad Singh Negi (accused Nos. 4, 2 and 3 respectively) challenging the said judgment of the trial court by which they had been acquitted of the charges under Sec. 302 read with Sec. 34 of the IPC.

(2.) The High Court dismissed the first set of criminal appeals preferred by accused No.1-Jagdish Singh thereby confirming the judgment and order of conviction and sentence passed by the trial court. However, the High Court allowed the Government Appeal preferred by the respondent-State of Uttarakhand and set aside the order of acquittal qua the appellants herein and convicted them for the offence punishable under Sec. 302 read with Sec. 34 of the IPC and sentenced them to undergo imprisonment for life. Aggrieved by the same, the present appeals have been filed by the appellants herein.

(3.) Shorn of details, the facts which lead to the present appeals are as follows:-