RAM MANOHAR Vs. STATE

JUDGEMENT

(1.) SINCE all the above four appeals arise out of the same judgment and order and similar question of fact of law is involved, they are being decided by this common judgment. All the appeals arise out against the common judgment and order 13.5.2004 passed by Additional Sessions Judge/ F.T.C. VI Dehradun, in Sessions Trial No. 33 of 2003, State v. Ramesh and others, whereby the learned Sessions Judge convicted accused/appellants Ramesh, Ram Manohar and Jai Chandra under sections 396, 412, 201, I.P.C. The Sessions Judge while convicting the said accused/appellants under section 396 I.P.C. sentenced them to undergo life imprisonment and fine of Rs.10,000/- each and in default of payment of fine they were directed to further undergo rigorous imprisonment for one year each. The Sessions Judge while convicting the said accused/appellants under section 412 I.P.C. sentenced them to undergo rigorous imprisonment for ten years and fine of Rs.10,000/- each and in default of payment of fine they were directed to further undergo rigorous imprisonment for one year each. The Sessions Judge while convicting the said accused/appellants under section 201 I.P.C. sentenced them to undergo rigorous imprisonment for three years and fine of Rs.10,000/- each and in default of payment of fine they were directed to further undergo rigorous imprisonment for one year each. All the sentences were directed to be run concurrently.

(2.) ACCUSED/appellants Ram Manohar and Jai Chandra have preferred Criminal Jail Appeal No. 248/2004 and Criminal Jail Appeal No. 316/2004 respectively through jail, accused/appellant Ramesh has preferred Criminal Appeal No. 70/2005, while State has preferred Government Appeal No. 117/2005 for enhancement of sentence.

(3.) THE prosecution in support of its case got examined as many as eighteen witnesses, namely, PW-1 Saroj Bala, PW-2 Dr. N.S. Tomar, PW-3 S.I. Anand Lal, PW-4 Constable Heera Lal, PW-5 Raj Kumar Gupta, PW-6 Mahesh Chandra, PW-7 Raj Kishore Gupta, PW- 8 Bishan Singh Bisht, PW-9 Constable Sher Singh, PW-10 Surendra Yadav, PW- 11 Constable Gulab Singh, PW-12 Constable Virendra Singh, PW-13 S.I. Vinod Kumar Sharma, PW-14 Ravindra Kumar Bisht, PW-15 Virendra Kumar Sharma, PW-16 Yogesh Chandra, PW-17 I.O. Arun Kumar Pandey and PW-18 Constable Bal Krishna.