STATE OF HIMACHAL PRADESH Vs. NIRMALA DEVI

JUDGEMENT

(1.) Leave granted.

(2.) Respondent herein faced trial for offence covered by Sections 328, 392, 397 read with Sec. 34 of the Indian Penal Code (IPC) alongwith co-accused Krishan Lal Sharma. When the trial was underway, both the accused persons were released on bail, pending trial. 12 prosecution witnesses (PWs) were examined and some more were yet to be examined. At that stage, respondent absented from court and was declared a proclaimed offender. Thereafter, trial proceeded against Krishan Lal Sharma, who was convicted for committing offences under the aforesaid provisions, for which he was charged, vide judgment dated 19th April, 200 Later on, the respondent was apprehended and brought to trial and testimony of remaining prosecution witnesses were recorded in her case. It culminated in the judgment dated 27th Feb., 2003 whereby the Sessions Judge convicted the respondent also for the offences punishable under Sections 328, 307, 392 read with Sec. 34, IPC. As a consequence, order of sentence was passed on 5th March, 2003. She was inflicted with the punishments of simple imprisonment for a period of two years and fine in the sum of Rs. 2,000.00 (20,000.00?), in default of payment of which to undergo imprisonment for a further period of three months, for the offence each punishable under Sections 328, 307 and 392 Penal Code with direction that all the substantive sentences were to run concurrently.

(3.) Fine of Rs. 6,000.00 was directed to be paid to the complainant, Ramesh Kumar as compensation. A sum of Rs. 12,000.00 was recovered from the respondent which was also ordered to be released to the complainant.