SHASHIDHAR AND ORS. Vs. THE STATE AND ORS.

JUDGEMENT

(1.) Criminal Appeal No. 3668/2010 is preferred by the State for inadequacy of the sentence passed by the Trial Court and for enhancement of sentence to the maximum extent under Sec. 402 of IPC. The accused have preferred appeal in Criminal Appeal No. 3685/2010 seeking setting aside the judgment and order passed in S.C. No. 230/2009 and 240/2009.

(2.) As both the cases are arising out of the same judgment and order of the Trial Court, they are taken up together and common judgment is passed.

(3.) State through Aland Police laid a charge sheet against nine accused persons who are the appellants in Crl. A. No. 3685/2010 for the offences punishable under Ss. 399 and 402 of IPC. After filing of charge sheet the Court took cognizance and after committal proceedings, the Sessions Court has secured the presence of eight accused persons. A split up charge sheet was filed against accused No. 9, thereafter said accused was also secured and two Sessions Cases were registered in S.C. Nos. 230/2009 and 245/2009. The Court also framed charges against the accused initially under Sec. 399 of IPC only. The prosecution in order to prove the guilt of the accused examined as many as 12 witnesses, PWs.1 to 12 and got marked Exs.P1 to P7 and M.Os.1 to 10. The accused were also examined under Sec. 313 of Cr.P.C. Accused No. 7 led defence evidence by examining himself as D.W.1. After evaluating the oral and the documentary evidence on record, the Trial Court has convicted the accused persons for the offence punishable under Sec. 402 of IPC and sentenced them to undergo simple imprisonment for a period of six months and custody period of accused Nos. 1 to 6 was treated as sentence of imprisonment. The learned Judge has also observed that in view of the fact that, accused Nos. 1 to 6 were given set off, accused Nos. 7 to 9 were not being ordered for custody, the Court has ordered no imprisonment for accused Nos. 7 to 9 on the ground of parity, under Sec. 402 of IPC. Therefore, the Court has only imposed a fine of Rs. 5,000/ - each against accused Nos. 1 to 9.