LAWS(UTN)-2004-8-10

RAJESH SHARMA Vs. STATE OF UTTARANCHAL

Decided On August 05, 2004
RAJESH SHARMA Appellant
V/S
STATE OF UTTARANCHAL Respondents

JUDGEMENT

(1.) Appellants - Nisar Khan alias Guddu, Gulzar Khan alias Pappu, Bhura alias Shakil, Rajesh sharma and Navin Sharma, all the five, were convicted under Sections 148, 302 read with 149 IPC and also under Section 25 Arms Act. Each of them were sentenced to undergo RI for three years under Section 148 IPC and RI for three years under Section 25 Arms Act with fine of Rs.1000/-. Appellants - Nisar Khan alias Guddu, Gulzar Khan alias Pappu and Bhura alias Shakil were sentenced to undergo life imprisonment under Section 302 read with 149 IPC and fine of Rs. 10,000/-. Appellants Navin Sharma and Rajesh Sharma were sentenced to death under Section 302 read with Section 149 IPC. It was further directed that all the sentences would run concurrently.

(2.) A Government appeal has also been preferred against the judgment and order dated 9-5-2002 passed by the learned Sessions Judge, Nainital in S. T. No. 96/2000 whereby the accused Nisar Khan alias Guddu, Gulzar Khan alias Pappu and Bhura alias Shakil were sentenced to life imprisonment. This Government Appeal has been filed for enhancement of the sentence against the said accused under Section 302 read with 149 IPC from life imprisonment to death sentence.

(3.) The learned Sessions Judge who passed the impugned judgment and order has also made a reference for confirmation of death sentence against the appellants, namely Navin Sharma and Rajesh Sharma.