BHAGWAN SINGH Vs. STATE OF UTTARAKHAND
SUPREME COURT OF INDIA
STATE OF UTTARAKHAND
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(2.)This Criminal Appeal is directed against the judgment dated 26 th July, 2017 passed by the High Court of Uttarakhand whereby the
appellant's criminal appeal against the judgment and order dated
11th/12th July, 2013 rendered by Learned Sessions Judge, Bageshwar convicting the appellant under Sections 302 and 307 of Indian Penal
Code (for short, 'IPC') and sentencing him to undergo life
imprisonment (under Section 302, IPC) and 5 years' rigorous
imprisonment (under Section 307, IPC) along with a fine of Rs.
20,000/ in default whereof he was directed to undergo 6 months' additional rigorous imprisonment, was dismissed. The appellant was,
however, acquitted for offence punishable under Section 25 of the
Arms Act for want of the requisite sanction.
(3.)It may be mentioned at the outset that notice of the special leave petition was issued on the limited question to determine the nature of
offence committed by the appellant i.e. whether it falls under the
ambit of Section 302 or 304 of IPC. To determine this question the
facts may be briefly noted.
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