SONU @ MANISH KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The above-titled appeals, challenging the same judgment of conviction, are being disposed of by this common verdict.

(2.) Both appeals assail the judgment and order dated 13/18.08.2008 rendered by learned Additional Sessions Judge/ First FTC, Haridwar in S.T. No.230 of 2005, State Vs. Sonu & three others, whereby the said Court has found the accused/appellants Sonu and Raju guilty for the offences punishable u/s 302/34, 201/34, 380, 411, 471 and 404 IPC, and sentenced them appropriately. However, they were acquitted from the charge of offences punishable under Sections 467, 468, 420 and 120-B IPC. At the same time, coaccused Kamal and Pawan were set free from all the charges levelled against them.

(3.) Facts of the case are that PW1 Prakash Chandra Tiwari lodged an FIR (Ex.A-1) on 04.10.2004 with the averments that his elder brother Ram Prakash Tiwari (deceased) used to reside alone in his house situated at Haridwar. Since complainant's brother had undergone an open-heart surgery, he was ailing at the relevant time due to which he was unable to move alone far without any vehicle.