(1.) This criminal appeal is preferred by the appellant against the judgment and order dated 04.12.2004 passed by learned Addl. Sessions Judge/III, FTC, Nainital in S.T. No.318/1998, State Vs. Resham Singh and others, whereby the learned Addl. Sessions Judge convicted the appellant-Resham Singh under Section 224 IPC and sentenced him to undergo two years' R.I. with fine of Rs.5,000/-. Appellant Beero Bai was convicted u/s 147, 332/149 and 225/149 IPC and she was sentenced to undergo one year's R.I. in each of these three offences, with fine of Rs.1,000/- under each offence. All the sentences were directed to run concurrently.
(2.) Since appellant Resham Singh has died during pendency of appeal, accordingly, the present appeal is abated qua appellant Resham Singh. Now, only the appellant Beero Devi is left.
(3.) Facts, to the limited necessary, are that written information was given by S.I. M.C. Srivastava on 01.12.1997 at P.S. Ramnagar. Accordingly, Chick FIR Ex.Ka-9 was lodged at 06:50 A.M. After investigation, Charge-sheet Ex.Ka-15 was submitted against the accused, and accordingly, the cognizance was taken. After complying with the provisions of 207 Cr.P.C., the case was committed to the Court of Sessions, and charges were framed against the appellants on 09.08.2000, who pleaded not guilty and claimed to be tried.