STATE OF UTTARAKHAND Vs. MUKESHAND

JUDGEMENT

(1.) AS both the above -titled appeals have arisen out of the common judgment rendered by learned Additional Sessions Judge/First F.T.C., Haridwar on 16.7.2003 in Sessions Trial No. 129 of 1995, State v. Mukesh and others, hence are being adjudicated by this single judgment. Accused Mukesh (A1), Vinod (A2), Gulab (A3) and Net Ram (A4) were tried for the offence of Section 364 -A IPC and they were found guilty for the same. Learned Trial Judge has sentenced them for five years' rigorous imprisonment nay Rs. 1,000/ - fine.

(2.) THE other accused persons, Chandra Pal (A5), Bijendra @ Jani (A6), Telu (A7) and Dr. Zakir (A8) were tried for the offences of Section 364 -A/120 -B IPC. They were found guilty for the same and were sentenced to three years' rigorous imprisonment nay Rs. 1,000/ - fine against each of them.

(3.) IN the same manner, A5 to A8 have also been sentenced less than as envisaged by the provision of Sections 364 -A/120 -B IPC, hence the Government, by way of the selfsame appeal, has prayed for enhancement of these convicts also.