DIWAKAR PRASAD, Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS criminal revision, preferred under Section 397/401 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P. C.) is directed against the judgment and order dated 14.7.2000 passed by Sessions Judge, Uttarkashi in Criminal Appeal No. 40/1999, whereby the learned Sessions Judge partly allowed the appeal by maintaining the conviction of the revisionists Under Section 385 of The Indian Penal Code, 1860 (hereinafter to be referred as The IPC) but by setting aside the sentence of six months R.I. imposed upon each of the revisionists and maintaining the sentence of fine of Rs. 500/ - each imposed by learned Chief Judicial Magistrate, Uttarkashi vide his judgment and order dated 4/12.11.1999 in criminal case No. 607/1998.

(2.) HEARD learned Counsel for the parties and perused the material available in file.

(3.) ON 14.6.1999, particulars of offence were stated to each of the accused -revisionists in question form, who have denied the particulars of offence made against him.