(1.) The Criminal Reference and these two Appeals have arisen from a common judgment and order dtd. 1/12/2018/4/12/2018, passed by learned Additional Sessions Judge, Rudraprayag in Sessions Trial No.11 of 2017 'State of Uttarakhand vs. Satyesh Kumar alias Sonu and Others'.
(2.) The trial court has awarded death sentence to the appellant - accused Mukesh Thapliyal and the appellant-Satyesh Kumar alias Sonu for the offence under Sec. 302 of the Indian Penal Code, 1860 (in short, 'IPC') read with Sec. 34 IPC and referred the matter to this Court for confirmation of the same in terms of the provisions of Sec. 366 of the Code of Criminal Procedure, 1973.
(3.) The appellant Mukesh Thapliyal and the appellant Satyesh Kumar alias Sonu have been further convicted and sentenced to undergo rigorous imprisonment for a period of ten years each along with a fine of Rs.5,000.00 each for the offence under Sec. 392 IPC, and in default of payment of fine, they have been directed to undergo further simple imprisonment for a period of three months.