JAI PRAKASH Vs. STATE

JUDGEMENT

(1.) The appellant was arrested during the course of investigation into first information report (FIR) no.48/1995 of police station Nangloi, involving offences punishable under Sections 398/399/34 of Indian Penal Code, 1860 (IPC) on 06.02.1995. He along with four others were sent up for trial on conclusion of investigation into the said case, the others being Rajesh @ Raja, Susheel Kr. Tyagi, Krishan Kumar and Anjesh Jain @ Ravinder Jain. The case eventually came up before the court of sessions (sessions case no. 102/1997) where the question of charge was considered. The trial judge found that there was no evidence to put Susheel Kr. Tyagi, Krishan Kumar and Anjesh Jain @ Ravinder Jain on trial and consequently ordered their discharge on 05.05.1998. Charge, however, was found made out against the appellant for offences under Sections 393/34 read with Section 398 IPC and under Section 27 of Arms Act. The prosecution failed to bring home its case against Rajesh @ Raja who consequently stood acquitted.

(2.) The trial court, however, found that the charge of offence under Section 393 read with Section 398 IPC had been brought home against the appellant herein, holding him guilty and convicting him, he at the same time being acquitted of the charge under Section 27 of Arms Act. By subsequent order dated 06.06.2000, the trial court awarded rigorous imprisonment for ten years with fine of Rs. 20,000/- against the appellant for offence under Section 393 read with Section 398 IPC and directed that, in case of default, he would undergo further simple imprisonment for two years. At the same time, benefit of set off under Section 428 of the Code of Criminal Procedure, 1973 (Cr.P.C.) was extended to the appellant.

(3.) Feeling aggrieved by the aforementioned judgment, and the order on sentence, the present appeal was filed.