KANTA PRASAD Vs. STATE

JUDGEMENT

(1.) THERE were six persons who were charge -sheeted in the present FIR. There are two appellants before this Court. Jai Parkash @ Guddu and Kanta Prasad. They had both been convicted under Section 363 and 366 read with Section 120 B of the IPC and each of them had been sentenced to undergo RI for a period of 10 years and to pay a fine of Rs.5,000/ - in default of payment of fine to under RI for 2 years for each of the offences under Section 366 & Section 120 -B of the IPC. No separate sentence had been awarded to them for the offence under Section 363 of the IPC.

(2.) NOMINAL rolls of the appellants have been requisitioned. They reflect that as on the date the appellant Jai Parkash was granted bail he had suffered incarceration of about 5 years; Kanta Prasad had suffered incarceration of about 5 months only.

(3.) THE statement of the victims was recorded under Section 164 of the Cr.P.C. by Mr.Sanjay Sharma learned M.M. examined as PW -12 which was one day after the date of their recovery on an application filed by the investigation officer on 12.8.1996.