VIPUL Vs. STATE OF U P

JUDGEMENT

(1.) THESE two appeals are directed against the same judgment and order dated 22.08.1996, passed by III Addl. Sessions Judge, Nainital, in Sessions trial No. 82 of 1991, Sessions Trial No. 82 -A of 1991, Sessions Trial No. 77 of 1991, Sessions Trial No. 78 of 1991, Sessions Trial No. 79 of 1991, Sessions Trial No. 80 of 1991, and Sessions Trial No. 81 of 1991, whereby accused/appellants, namely Vinay, Nikhil, Vipul, Sadhu and Mahesh have been convicted under Section 399, 402 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.), and under Section 25 of the Arms Act. Each one of the convicts has been sentenced to rigorous imprisonment for a period of four years under Section 399 of I.P.C., and directed to pay fine of Rs. 500/ -, rigorous imprisonment for a period of three years under Section 402 of I.P.C., and directed to pay fine of Rs. 200/ -. Each one of the convicts Vinay and Nikhil has been further sentenced to rigorous imprisonment for a period of one year under Section 25 of Arms Act, and directed to pay fine of Rs. 200/ -. Each one of the convicts Vipul, Sadhu and Mahesh has been sentenced to rigorous imprisonment for a period of six months under Section 4/25 of the Arms Act, and directed to pay fine of Rs. 100/ -.

(2.) HEARD learned Amicus Curiae & learned Counsel for the appellants and learned Counsel for the State, and perused the lower court record.

(3.) THE Magistrate, on receipt of the charge sheets, after giving necessary copies to the accused, as required under Section 207 of Cr.P.C., appears to have committed all the six cases to the court of Sessions, for trial. Learned Asstt. Sessions Judge, Nainital, on 04.06.1991, framed charge in respect of offences punishable under Section 399 and 402 of I.P.C. against all the five accused, namely Vinay, Nikhil, Vipul, Sadhu and Mahesh. They pleaded not guilty and claimed to be tried. Separate charges were framed by the learned Asstt. Sessions Judge in respect of offences punishable under Section 25 of Arms Act and 4/25 of Arms Act against the five accused. In respect of other charges also, the accused pleaded not guilty, and claimed to be tried. On this, prosecution got examined P.W. 1 Sub Inspector Jasram Singh, P.W. 2 Head Constable Ram Singh, and P.W. 3 Sub Inspector Ifthkhar Hussain (Investigating Officer). The oral and documentary evidence was put to the accused under Section 313 of Cr.P.C., in reply to which they alleged the same to be false. However, no evidence in defence was adduced. After hearing the parties, the trial court found all the five accused guilty not only in respect of charge of offence punishable under Section 399 and 402 of I.P.C., but also in respect of 25 Arms Act (as against accused Vinay and Nikhil), and that of one punishable under Section 4/25 of Arms Act (as against accused Vipul, Mahesh and Sadhu). They were heard on sentence, and each one of the convicts was sentenced by the trial court to rigorous imprisonment for a period of four years and directed to pay fine of Rs. 500/ - under Section 399 of I.P.C.; rigorous imprisonment for a period of three years and directed to pay fine of Rs. 200/ -, in respect of offence punishable under Section 402 of I.P.C.; rigorous imprisonment for a period of one year and fine of Rs. 200/ - (as against accused Vinay and Nikhil) under Section 25 of Arms Act; and rigorous imprisonment for a period of six months and fine of Rs. 100/ - (as against accused Vipul, Sadhu and Mahesh). The defaulter convicts were directed to undergo further three months simple imprisonment for default in payment of fine of Rs. 500/ -, simple imprisonment for a period of two months, in default of payment of fine of Rs. 200/ -, and simple imprisonment for a period of one month, in default of payment of fine of Rs. 100/ -.