SALMAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision is preferred against the judgment and order dated 28.09.2016, passed by the Judicial Magistrate, Khatima, District Udham Singh Nagar in criminal case no. 1057 of 2016, Salman vs. State, whereby the trial court has convicted the revisionists under sections 457, 380 and 411 IPC and sentenced him to undergo two years rigorous imprisonment with a fine of Rs. 500/- under 457 IPC; three years rigorous imprisonment with fine of Rs. 2,000/- under section 380 IPC; three years rigorous imprisonment with a fine of Rs.1,00/- under section 411 IPC; in default of payment of fine the revisionist to undergo two months additional simple imprisonment, as well as the order dated 28.10.2017, passed by the Additional Sessions Judge, Khatima, District Udham Singh Nagar in criminal Appeal No. 183 of 2016, Salman vs. State of Uttarakhand whereby the learned Appellate court has dismissed the appeal and affirmed the judgment and order of the trial court. All the sentences are directed to run concurrently.

(2.) The facts, in brief, are that PW1 Virendra Rai submitted a written report (Ex. A1) with P.S. Jhankiya, Udham Singh Nagar on 25.04.2016. On the basis of said information, chik FIR (Ex. A3) was lodged with police station on the very same day. After completion of the investigation, charge sheet (Ex. A6) was submitted under Sections 457, 380 and 411 IPC. The Magistrate took the cognizance on 21.06.2016 and after compliance of the provision of Section 207 Cr.P.C., the concerned Magistrate framed the charges under section 457, 380 and 411 IPC. The revisionist denied the allegations and claimed to be tried.

(3.) In order to prove its case, the prosecution produced PW1 Virendra Rai, who narrated the story and also proved the written report submitted by him, PW2 Nilima Devi, PW3 Suresh Singh, PW4 Bhagat Singh, PW5 Ganesh Tamta, PW6 ASI Gopal Ram Arya, I.O., who recorded the statements of the witnesses and after completion of the investigation submitted charge sheet (Ex. A6) .