KURBAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) At the very outset, it needs to be mentioned that during the course of pendency of appeal, appellant no.4, namely, Gulshan passed away due to which the appeal stood abated against the said appellant vide order dtd. 18/9/2023 passed by this Court. Now, the appeal is heard and adjudicated qua remaining three appellants, namely, Kurban, Furkan and Gulfam.

(2.) Heard learned counsel for the parties.

(3.) This is an appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter to be referred as 'the Cr.P.C.') against the judgment and order dated 16/17/9/2009 passed by learned Additional Sessions Judge, Roorkee, Haridwar in Sessions Trial No.162 of 2007, whereby appellants have been convicted and sentenced as under:- <FRM>JUDGEMENT_3_LAWS(UTN)3_2024_1.html</FRM>