Aggrieved thereby by the order of the High Court companyfirming companyviction recorded by the trial companyrt the two appeals have been preferred by the five companyvicted accused by special leave.
They were further companyvicted under Section 25 of the Arms Act and Section 148 IPC and sentenced to three years RI respectively and a fine amounting to Rs.
138 of 2005 has been preferred by two accused, A4 Rajesh Sharma and A5 Navin Sharma.
Naturally, by the time the eye witnesses were recalled, they were won over either by money, by muscle power by threats or intimidation.
It was further directed that all the sentences would run companycurrently.
It clearly appears that the eye witnesses were won over by threat or intimidation after more than one year of their examination and cross examination and ultimately when the eye witnesses were won over by the accused they were recalled and re examined on 7.1.2002.
1,000/ in default one years RI.
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.
The trial companyrt companyvicted A4 Rajesh Sharma and A5 Navin Sharma under Section 302/149 IPC and sentenced them to death.
10,000/ in default two years RI.
K. Sema, J. Page 2298 These two appeals are directed against a companymon judgment of the High Court of Uttaranchal at Nainital dated 5.8.2004 companyfirming the order of the trial companyrt companyvicting the five appellants under Sections 149, 302/149 IPC and a fine of Rs.
