ANIL KUMAR JAISWAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) BOTH the appeals, tiled above, have arisen out of a common judgment and order, hence are being adjudicated by this common verdict.

(2.) CRIMINAL appeal no.245 of 2013 has been filed by the appellant assailing his conviction u/s 302 IPC whereas that of bearing no.246 of 2013, accused has challenged his conviction recorded u/s 25 of the Arms Act.

(3.) LEARNED Sessions Judge, Nainital, vide judgment and order dated 14.05.2013, found the appellant guilty for the offences of section 302 IPC and section 25 Arms Act, wherefor he has appropriately been sentenced. The S.T. No.163 of 2006 pertaining to crime No.2762 of 2006 was adjudicated by learned Judge, wherein four accused persons, Deepak Pathni (A1), Anil Kumar Jaiswal (A2), Manoj Jaiswal (A3) and David @ Devi Lal (A4), were tried for the offences of section 302 and 120 -B IPC at P.S. Haldwani and the Trial Court found that the prosecution could not prove the case as against A1, A3 and A4, at the same time, the Court below found the case proved as against A2 beyond reasonable doubt, so he was convicted and awarded sentence, as afore -stated.