(1.) Present appeal has been preferred against the judgment and order dtd. 30/9/2004, passed in Sessions Trial No.101 of 2001, State Vs. Mukesh Jain, by the court of Sessions Judge, Dehradun (for short, "the case"). By the impugned judgment and order, the appellant has been convicted under Sec. 489 C IPC and sentenced to rigorous imprisonment for a period of three years with a fine of Rs.1000.00. It has further been directed that in case of default of payment of fine, the appellant shall undergo imprisonment for further period of one month.
(2.) Prosecution case, briefly stated, is as follows:-
(3.) In order to prove the case, the prosecution examined, in all nine witnesses, namely, PW1 Constable, Brijesh Kumar, PW2 Constable, Nazar Abbas Jaidi, PW3 Anil Kumar Joshi, PW4 Constable, Damodar, PW5 Constable, Manoj Kumar, PW6 Constable, Karam Veer Singh, PW7 Sub Inspector, Subedar Sah, PW8 Chintamani and PW9 Pramod Kumar Tiwari.