MANOJ NARAYAN AGGARWAL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Both the above-said appeals have arisen out of a common judgment and order and the issue as well as the evidence and fact involved in both of them being the same, hence both are being disposed of by this common judgment and order.

(2.) Criminal appeal no.213/2003 has been preferred by the appellant-Manoj Narayan Aggarwal under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), against the judgment and order dated 24.07.2003 passed by the Additional Sessions Judge/Ist FTC, US Nagar (Rudrapur) in S.T. no.402/2000, State Vs. Manoj Narayan Aggarwal & others, thereby convicting and sentencing the appellant/accused u/s 324 of the Indian Penal Code, 1860 [hereinafter to be referred as the IPC] for two years' R.I. However, the appellant/accused Manoj Narayan Aggarwal was acquitted for the charge levelled u/s 147/148/452/323/427/506/307(149) IPC.

(3.) Government Appeal No.71/2003 has been preferred by the appellant/State, under section 378 of Cr.P.C., against the same judgment and order dated 24.07.2003 passed by the same court i.e. the Additional Sessions Judge/Ist FTC, US Nagar (Rudrapur) in S.T. no.402/2000, State Vs. Manoj Narayan Aggarwal & others, whereby the trial court has acquitted the accused /respondent Manoj Narayan Aggarwal for the offences punishable u/s 147/148/452/323/427/506/307(149) IPC and by the same judgment and order, rest of the accused persons were acquitted for the offences punishable under Sections 147/148/452/323/324/ 427/506/307(149) IPC.