JITENDRA SINGH Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
STATE OF UTTARAKHAND
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Alok Singh, J. -
(1.) PRESENT appeal is filed against judgment and order dated 30.01.2010 passed by Special Sessions Judge, Pithoragarh in Special Sessions Trial No. 8 of 2007 whereby learned Sessions Judge found the appellant as well as co -accused Kalyan Singh guilty for the offence punishable under Section 20 of the NDPS Act and sentenced both of them to undergo rigorous imprisonment for 10 years and to pay fine of Rs. 1,00,000/ - and in default, to undergo additional imprisonment for two years. In fact, pursuant to FIR No. 22/2007 dated 01.06.2007, police station Dharchoola, District Pithoragarh, two separate charge -sheets were submitted viz. one against the appellant and another against co -accused Kalyan Singh, on which two separate Sessions trial were proceeded. Trial of present appellant was registered as Special Sessions Trial No. 08 of 2007 while trial of another accused (Kalyan Singh) was registered as Special Sessions Trial No. 07 of 2007. Both the trials were tried together by trial court wherein prosecution has produced common evidence in the shape of P.W. 1 Constable Keshav Lal, P.W. 2 ASI Ravinder Singh, P.W. 3 SI Ram Dutt Joshi, P.W. 4 Heera Lal, P.W. 5 Anoop Kumar, P.W. 6 Kunwar Singh, P.W. 7 Rakesh Chand Thapliyal, P.W. 8 Daulat Singh and other Exhibits.
(2.) HAVING heard learned counsel for the both the parties and after appreciating the evidence available on the record, learned trial court was pleased to decide both the trials together and by one and common judgment and order dated 30.01.2010, thereby convicting both the accused for the offence punishable under Section 20 of the NDPS Act and sentencing them to undergo rigorous imprisonment for 10 years each and to pay fine of Rs. 1,00,000/ - each and in default, in making payment of fine, to undergo additional imprisonment for the period of two years. Mr. Raman Kumar Shah, AGA with Mr. Prabhakar Joshi, Brief Holder for the State, submits that the appeal filed by co -accused Kalyan Singh, being criminal appeal No. 13 of 2010, has already been dismissed by the coordinate Bench of this Court vide judgment and order dated 04.05.2012.
(3.) THIS Court, having summoned the record of Criminal Appeal No. 13 of 2010 filed by co -accused Kalyan Singh from the office, found the statement of Mr. Raman Kumar Shah to be correct.;
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