NISAR KHAN ALIAS GUDDU Vs. STATE OF UTTARANCHAL
LAWS(SC)-2006-1-57
SUPREME COURT OF INDIA (FROM: UTTARAKHAND)
Decided on January 25,2006

NISAR KHAN @ GUDDU Appellant
VERSUS
STATE OF UTTARANCHAL Respondents





Cited Judgements :-

SANJEEV NANDA VS. STATE OF NCT OF DELHI [LAWS(DLH)-2007-5-179] [REFERRED TO]
AMOL SINGH VS. M P STATE [LAWS(MPH)-2007-2-27] [REFERRED TO]
SUO MOTU REVISION STATE OF M P VS. VINOD MUDGAL [LAWS(MPH)-2008-3-21] [REFERRED TO]
BALVEER VS. STATE OF M P [LAWS(MPH)-2009-11-54] [REFERRED TO]
NATIONAL PLYWOOD INDUSTRIES LTD VS. STATE OF WEST BENGAL [LAWS(CAL)-2009-3-98] [REFERRED TO]
MURUGAN VS. STATE [LAWS(MAD)-2009-8-490] [REFERRED TO]
RAMESH PAL SINGH VS. STATE OF U P [LAWS(ALL)-2012-10-132] [REFERRED TO]
PRAHLAD SHARMA VS. STATE OF BIHAR [LAWS(PAT)-2008-9-182] [REFERRED TO]
A.V. Ravi VS. State by Inspector of Police CBI, rep. by Standing Counsel for CBI [LAWS(KAR)-2013-12-197] [REFERRED TO]
SURESH CHAND VS. STATE [LAWS(DLH)-2014-7-70] [REFERRED TO]
VENKATESH VS. STATE [LAWS(KAR)-2014-12-10] [REFERRED TO]
JITENDER KUMAR VS. STATE OF DELHI [LAWS(DLH)-2011-5-473] [REFERRED TO]
RAM MEHAR AND ORS. VS. STATE OF HARYANA. [LAWS(P&H)-2016-3-9] [REFERRED TO]
STATE OF HARYANA VS. RAM MEHAR & OTHERS ETC. ETC. [LAWS(SC)-2016-8-41] [REFERRED TO]
URMILA VS. STATE OF NCT OF DELHI [LAWS(DLH)-2008-1-7] [REFERRED TO]
PRAKASH CHANDRA VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2012-3-7] [REFERRED TO]
RISHI RAJ VS. STATE OF GOVT OF NCT OF DELHI [LAWS(DLH)-2012-7-495] [REFERRED TO]
MINA BEGUM VS. STATE OF ASSAM [LAWS(GAU)-2010-7-27] [REFERRED TO]
MUNENDRA VS. STATE OF M P [LAWS(MPH)-2010-4-78] [REFERRED TO]
PARDUMAN MANJHI VS. STATE OF JHARKHAND [LAWS(JHAR)-2010-9-4] [REFERRED TO]
SEKARAN MUNUSAMY VS. STATE [LAWS(MAD)-2010-2-317] [REFERRED TO]
AKIL @ JAVED VS. STATE OF NCT OF DELHI [LAWS(SC)-2012-12-18] [REFERRED TO]
KHUSHWINDER SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2006-10-486] [REFERRED TO]
AG VS. SHIV KUMAR YADAV [LAWS(SC)-2015-9-30] [REFERRED TO]
AJAY GUPTA VS. STATE THR. C.B.I. [LAWS(DLH)-2016-9-22] [REFERRED TO]
PAWAN KUMAR & ORS. VS. STATE OF RAJASTHAN [LAWS(RAJ)-2008-3-165] [REFERRED TO]
ADITYA @ HARI LAL VS. STATE OF U P [LAWS(ALL)-2016-7-295] [REFERRED]
RAMESHBHAI MOHANBHAI KOLI VS. STATE OF GUJARAT [LAWS(GJH)-2007-10-273] [REFERRED]
NITIN @ MENU VS. STATE [LAWS(DLH)-2014-9-459] [REFERRED]
PUSHKAR SINGH KHATI VS. STATE OF UTTARAKHAND [LAWS(UTN)-2013-8-110] [REFERRED]
SUBHASH VS. STATE GOVT OF NCT OF DELHI [LAWS(DLH)-2016-8-446] [REFERRED]
ASHOK KUMAR BIND VS. STATE NCT OF DELHI [LAWS(DLH)-2016-9-157] [REFERRED]
MOHINDER SINGH BHATTI VS. STATE (NCT OF DELHI) [LAWS(DLH)-2009-8-471] [REFERRED]
USMAN ALIAS KALE VS. STATE [LAWS(DLH)-2017-1-291] [REFERRED TO]
KULDEEP SINGH TOMAR VS. STATE OF M P [LAWS(MPH)-2018-3-294] [REFERRED TO]
LODHA BARA VS. STATE OF ORISSA [LAWS(ORI)-2017-9-97] [REFERRED TO]
SUNIL NAIK @ NAYAK VS. STATE OF ORISSA [LAWS(ORI)-2017-2-71] [REFERRED TO]
HIREN KALITA VS. STATE OF ASSAM [LAWS(GAU)-2019-10-52] [REFERRED TO]


JUDGEMENT

H.K. Sema, J. - (1.)These two appeals are directed against a common judgment of the High Court of Uttaranchal at Nainital dated 5.8.2004 confirming the order of the trial court convicting the five appellants under Sections 149, 302/149 IPC and a fine of Rs. 10,000/-; in default two years RI. They were further convicted under Section 25 of the Arms Act and Section 148 IPC and sentenced to three years RI respectively and a fine amounting to Rs. 1,000/-; in default one years RI. It was further directed that all the sentences would run concurrently.
(2.)Criminal Appeal No. 137 of 2005 has been preferred by three accused, A1-Hisar Khan alias Guddu, A2-Gulzar Khan alias Pappu and A3-Bhura alias Shakil. Criminal Appeal No. 138 of 2005 has been preferred by two accused, A4-Rajesh Sharma and A5-Navin Sharma. The trial court convicted A4-Rajesh Sharma and A5-Navin Sharma under Section 302/149 IPC and sentenced them to death. However; on appeal the High Court set aside the death sentence imposed upon A4 and A5 and converted the death sentence into life imprisonment.
(3.)No appeal has been preferred by the State of Uttaranchal against the order of the High Court converting the death sentence of A4 and A5 into life imprisonment. The High Court has also acquitted all the accused of the charge under Section 25 of the Arms Act. Aggrieved thereby by the order of the High Court confirming conviction recorded by the trial court the two appeals have been preferred by the five convicted accused by special leave.
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