RESHAM LAL AND ORS. Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present Criminal Appeal, convictsappellants have challenged the impugned judgment and order dated 23.12.2003, whereby the accused-appellants Resham Lal, Rajesh Kumar, Sanjay Kumar, Amrit Lal and Rakesh Kumar were convicted of the offences punishable under Section 325, 452 and 147 of IPC and were directed to undergo rigorous imprisonment for three months for the offence under Section 147 IPC, one year's rigorous imprisonment for the offence punishable under Section 452 of IPC and one year's rigorous imprisonment for the offence punishable under Section 325 IPC. Accusedappellants were, however, acquitted of the charges leveled against them for the offences punishable under Sections 307 IPC read with Section 149 of IPC. Aggrieved against their conviction and sentences, present Criminal Appeal was preferred the appellants.

(2.) PW 1 Monoj Kumar wrote a complaint (Ext. Ka-1) to SO Haldwani, District Nainital, on 13.05.1995 enumerating the facts contained therein that informant's father Sangam Prasad (PW 2) came to the house at about 1:30 P.M. from his shop. He was sitting in his room.

(3.) After the investigation, a charge-sheet was submitted against the accused-appellants. Charges for the offences punishable under Section 308 IPC read with Section 34 IPC, Sections 147, 452, 307/149 of IPC were framed against accused persons Resham Lal, Rajesh Sanjay Kumar, Rakesh Chandra and Amrit Lal, to which they pleaded not guilty and claimed trial.