KHEM SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Being aggrieved by the common judgment dtd. 12/9/2012 passed in Criminal Appeal Nos.254 of 2004, 258 of 2004, 259 of 2004 by the High Court of Uttarakhand at Nainital, the original appellant Khem Singh S/o Tarachand preferred these Special Leave Petitions before this Court. By order dtd. 6/7/2017, leave was granted by this Court and consequently, the Special Leave Petitions have been converted to these Criminal Appeals.

(2.) For ease of reference, the private respondents herein, namely, i) Anil @ Neelu; ii) Pramod; and iii) Ashok, who were accused Nos. 4, 3 and 2 respectively in S.T. No.133/1993 in the Court of Addl. District & Sessions Judge, Haridwar (henceforth "Sessions Court"), are henceforth referred to as 'respondents-accused'. The other accused in S.T. No.133/1993, who were acquitted by the Sessions Court, are referred to as 'other accused'.

(3.) Learned counsel for the applicant contended that having regard to the proviso to Sec. 372 of the Code of Criminal Procedure, 1973 (for short, "CrPC"), the substitution applications may be allowed by condoning the delay in filing the said application. He further contended that the original appellant was aggrieved by the acquittal of accused Nos.4, 3 and 2 respectively by the High Court when, in fact, they had been convicted and sentenced to life imprisonment and fine by the Sessions Court and hence, the original appellant herein preferred these appeals.