BAL KISHAN Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) The above mentioned Criminal Appeals and Criminal Revision have arisen out of the same judgment and order, passed by the trial court, as such, all the three are being disposed of by this common judgment.

(2.) Criminal Appeal No. 1276 of 2001 (old No. 1046 of 1987), preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (for brevity hereinafter Cr.P.C.), is directed against the judgment and order dated 06.05.1986, passed in Sessions Trial No. 227 of 1984, whereby the then learned II Additional Sessions Judge, Nainital, has convicted accused / appellant Bal Kishan (S/o Lachhi Ram) under Section 396 of the Indian Penal Code, 1860 (for brevity hereinafter I.P.C.) and sentenced him to undergo imprisonment for life. Criminal Appeal No. 313-A of 2001 (old No. 1318 of 1986), preferred by accused/appellants Lila Dhar and Kundan Lal, is also directed against the same judgment and order dated 06.05.1986, passed in Sessions Trial No. 227 of 1984, by the same Court, whereby both of them are also convicted under Section 396 of the I.P.C. and each one of them is sentenced to imprisonment for life. Criminal Revision No. 450 of 2001 (old No. 1208 of 1986), is preferred by the complainant against the same judgment and order dated 06.05.1986, passed in Sessions Trial No. 227 of 1984, by the same court, whereby accused /respondents, namely Bal Kishan (S/o Uttam Ram), Mohan Ram, Khem Ram, Gopal Ram, Keshar Singh and Bhaun Ram have been acquitted of the charge of offence punishable under Section 396 of I.P.C., whereas accused / respondent Santosh has been acquitted of the charge of offence punishable under Section 412 of I.P.C.

(3.) We hared learned counsel for the parties and perused the entire record.