AMAR SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Instant revision has been preferred against the judgment and order dtd. 20/9/2007, passed in Case No.1758 of 2006, State vs. Amar Singh and another, by the court of Judicial Magistrate, Roorkee, District Haridwar ("the case'), by it, the revisionists were convicted and sentenced under Ss. 326 read with Sec. 34 IPC.

(2.) The challenge has also been made to the judgment and order dtd. 30/9/2009, passed in Criminal Appeal no.67 of 2007, Amar Singh and another vs. State of Uttarakhand, by the court of Additional Sessions Judge/1st Fast Track Court, Roorkee, District Haridwar. This order has upheld the order dtd. 20/9/2007, passed in the case.

(3.) Initially this Court had held that the prosecution has been able to prove its case beyond reasonable doubt; there is no error, illegality and propriety in the judgments and orders and the revision was accordingly dismissed on 6/6/2022. It may be noted that at the time of hearing on 6/6/2022, the revisionists were not appeared, they were not heard. The order dtd. 6/6/2022 was challenged by the revisionists in Special Leave to Appeal (Cri.) No. 9471 of 2022, Amar Singh and another Vs. State of Uttarakhand ("SLP (Cri."), which was withdrawn with the liberty to move compounding application before this Court. The order dtd. 17/10/2022, passed in SLP (Cri.) is as follows:-