SONU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) SINCE the aforesaid Criminal Appeals and the Criminal Government Appeal arise out of the same judgment and order dated 17.12.2002, passed by Sessions Judge, Pauri Garhwal, therefore, all the afore -mentioned cases are being decided by this common judgment for the sake of brevity and convenience.

(2.) PW 1 Chandeshwar wrote a complaint to Patti Patwari, Waali -Kandarsui on 31.10.1998 against 5 named accused persons, which was registered as case crime no.3/1998 at police station Waali -Kandarsui, Pauri Garhwal under Sections 395 and 398 IPC. The incident allegedly took place on 31.10.1998 at 11:00 AM. The FIR was lodged on the selfsame day at 12:00 noon. The distance between the place of incident and the police station concerned was 2 furlong. Hence, there was no delay in lodging FIR.

(3.) AFTER investigation of the case, a charge -sheet was submitted against the accused persons. When the trial began and prosecution opened it's case, charge against the accused persons was framed for the offences under Sections 395 and 412 IPC and separate charge was also framed against the accused persons for the offence punishable under Section 25/4 of the Arms Act, to which they pleaded not guilty and claimed trial.