SUNDER LAL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal jail revision is preferred against the judgment and order dated 19.03.2016 passed by the Chief Judicial Magistrate, Rudraprayag in criminal case no. 536 of 2015, State vs. Sunder Lal, whereby the trial court has convicted the revisionists under sections 409, 420, 467, 468 and 471 IPC and sentenced him to undergo three years rigorous imprisonment with a fine of Rs. 1,000/- under section 409 IPC and one month simple imprisonment in default of payment of fine; three years rigorous imprisonment with fine of Rs. 1,000/- under section 420 IPC and one month additional imprisonment in default of payment of fine; three years rigorous imprisonment under section 467 IPC with a fine of Rs. 1,000/- and one month additional simple imprisonment in default of payment of fine; three years rigorous imprisonment under section 468 IPC with fine of Rs. 1,000/- and one month additional simple imprisonment in default of payment of fine and two years rigorous imprisonment with fine of Rs. 1,000/- under section 471 IPC and one month additional imprisonment in default of payment of fine as well as the order dated 08.03.2017 passed by the Sessions Judge, Rudraprayag in criminal Appeal No. 16 of 2016, Sunder Lal Vs. State 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 a chik FIR (Ex. A1) was lodged with Revenue Circle, Ghimtoli, Rudraprayag under Sections 409, 420, 467, 468 and 471 IPC against the revisionist. After investigation, charge sheet (Ex. A4) was submitted. Accordingly, the concerned CJM took the cognizance and after compliance of the provision of Section 207 Cr.P.C., the charges were framed on 03.11.2015. The revisionist denied the allegation and claimed to be tried.

(3.) In order to prove its case, the prosecution produced PW1 Surendra Lal, PW2 Ganga Singh Rana, PW3 Sunder Lal, PW4 Dilwar Singh, PW5 Vinita Devi, PW6 Shakambari Devi, PW7 Sunita Devi, PW8 Sobti Devi, PW9 Bhanuprakash and PW 10 Shafiq Ahmed.