STATE OF UP Vs. RAJ KUMAR

JUDGEMENT

(1.) THIS appeal, preferred under Section 378 of Code of Criminal Procedure 1973, (for short Cr.P.C)., is directed against the judgment and order dated 25.05.1990 passed by IV Additional Sessions Judge, Nainital, in Sessions Trial No. 274 of 1989 whereby said court has acquitted the accused/respondents namely Raj Kumar, Jai Prakash, Surendra Singh and Sadhu Singh from charge of the offences punishable under Section 147, 148, 452, 308 I.P.C. Accused Satpal and Pratap Singh are acquitted of the charge of offences punishable under section 147, 148 I.P.C but they are convicted under section 452 and 308 of I.P.C. The trial court sentenced each of the convicts Satpal and Pratap Singh to rigorous imprisonment for a period of four years under section 308 I.P.C and rigorous imprisonment for a period of two years and fine of Rs. one thousand under section 452 of I.P.C.. The State has challenged acquittal of the other accused namely Raj Kumar, Jai Prakash, Surendra and Sadhu Singh

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) IT appears that the convicts filed criminal appeal no 1135 of 1990 before Allahabad High court which was decided by said court vide its order dated 02.05.1997 upholding the conviction of the Satpal and Pratap Singh. However, Allahabad High Court reduced the sentence of imprisonment to a period of imprisonment already undergone, but maintained the sentence of fine, which was deposited by the two accused Satpal and Pratap Singh on 29.08.1987, before the trial court. This appeal was preferred by the State before Allahabad High Court against the same order dated 25.05.1990 passed for Sessions Trial No. 274 of 1989,IV Additional Sessions Judge, Nainital (earlier Kashipur was part of district Nainital) against acquittal of respondents, which is received by transfer by this court under section 35 of U.P. Reorganization Act, 2000 (Central Act 29 of 2000) for its disposal.