JASVEER SINGH S/O SHRI PARAMJEET SINGH JAT SIKHA, R/O VILLAGE SIMRA, P.S. KAIMARI, DISTRICT RAMPUR (U.P.) Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THESE appeals, preferred under Section 374, Code of Criminal Procedure, 1973, are directed against judgment and order dated 31.05.2010, passed by Additional Sessions Judge / 1st F.T.C., Udham Singh Nagar in Sessions Trial No. 165 of 2005, whereby appellants Jasveer Singh and Gurcharan Singh were convicted under Sections 395 and 412 of I.P.C. and have been sentenced to rigorous imprisonment for a period of 10 years and directed to pay fine of Rs. 10,000/ - under Section 395 I.P.C. and rigorous imprisonment for a period of 10 years and directed to pay fine of Rs. 10,000/ - under Section 412 I.P.C. Accused/appellant Gurcharan Singh is also convicted under section 417 IPC and has been sentenced to rigorous imprisonment for a period of one year. (Criminal Appeal No. 128 of 2010 and Criminal Jail Appeal No. 45 of 2011 are directed against same judgment, one sent through jail another through counsel)

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

(3.) ON 22.05.2005, recovery in respect of the looted property was made from the accused - appellants, after their arrest on 21.05.2005, and recovery memos were prepared. After completion of investigation, charge sheet (Exhibit A - 9) was filed by the Investigating Officer against the accused - appellants and two others, relating to offences punishable under Sections 395, 412 and 420, I.P.C.