2023INSC879
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REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 301 OF 2015
BALVIR SINGH …APPELLANT(S)
VERSUS
STATE OF UTTARAKHAND …RESPONDENT(S)
WITH
CRIMINAL APPEAL NO. 2430 OF 2014
J U D G M E N T
J. B. PARDIWALA, J.:
1. Since both the captioned appeals arise from a common judgment and
order passed by the High Court dismissing two criminal appeals of two accused
persons tried in one sessions case those were heard analogously and are being
disposed of by this common judgment and order.
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2. These appeals are at the instance of two convicts and are directed against
a common judgment and order dated 24.03.2014 passed by the High Court of
Uttarakhand at Nainital in the Criminal Appeal No. 273 of 2013 and Criminal
Appeal No. 274 of 2013 respectively by which the High Court dismissed both
the appeals and thereby affirmed the judgment and order of conviction passed
by the Additional District and Sessions Judge Kotdwar, Garhwal in the Sessions
Trial No. 48 of 2008 holding Balvir Singh (husband) guilty of the offence of
murder punishable under Section 302 of the Indian Penal Code, 1860, (for
short, ‘the IPC’) alongwith the offence punishable under Section 498A of the
IPC and Maheshwari Devi (mother-in-law) guilty of the offence punishable
under Section 498A of the...