AJAY CHAUDHARY Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Aggrieved by the acquittal order dtd. 9/2/2010, passed by the Sessions Judge / Fourth FTC, Haridwar, in Sessions Trial No. 253 of 2003, the victim, Ajay Chaudhary, and the State of Uttarakhand have filed two separate appeals, namely, Criminal Appeal No. 33 of 2010, and Government Appeal No. 15 of 2010, respectively, before this Court.

(2.) By judgment dtd. 5/10/2010, a learned Coordinate Bench had decided both the Appeals; it had convicted the accused, Rajeev Garg alias Raju.

(3.) Aggrieved by the judgment dtd. 5/10/2010, the accused, Rajeev Garg alias Raju, had filed two SLPs, namely, Criminal Appeal Nos. 1342-1343 of 2011, before the Hon'ble Supreme Court. By judgment dtd. 19/9/2019, the Hon'ble Supreme Court had set aside the judgment dtd. 5/10/2010, and had remanded the case to this Court. Therefore, both the appeals, mentioned hereinabove, are being taken-up together, as they emanate from the same impugned acquittal order. Moreover, similar contentions have been raised by both the learned counsel for the victim, and the learned counsel for the State. Hence, both the appeals are being decided by this common judgment.