TEERATH SINGH (SINCE DECEASED) AND OTHERS Vs. STATE

JUDGEMENT

(1.) THESE three Criminal Appeals 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.) ALL these three criminal appeals, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (for brevity hereinafter Cr.P.C.), are directed against the judgment and order dated 09 -09 -1985, passed in C.B.1. Case No. 170 of 1975, C.B.1. Case No. 79 of 1976 and C.B.L Case No. 138 of 1977, by learned Special Judge, Anti Corruption/Additional Sessions Judge, Dehradun, where by the appellant Kabul Singh is convicted under Section 395 and 412 of the Indian Penal Code, 1860 (for brevity hereinafter I.P.C.), appellant Raj Kumar is convicted under Section 395,412 and 414 of LP.C., and each of the appellants Teerath Singh, Jaswant Singh, Man Singh and Surta Nand Nautiyal, is convicted under Section 412 and 414 of the IPC. Appellant Kabul Singh is sentenced under Section 395 of LP.C. to undergo rigorous imprisonment for five years and to pay fine of Rs. 5,000/ -, in default of payment of which, he is directed to undergo further six months rigorous imprisonment. He (Kabul Singh) is also sentenced under Section412 of IPC to undergo rigorous imprisonment for four years and to pay fine of Rs.

(3.) ,000/ -, in default of payment of which , he is directed to undergo rigorous imprisonment for further period of three months. Sentence awarded to appellant Raj Kumar under Section 395 and 412 of I.P.C. is the same as that of appellant Kabul Singh. He (Raj Kumar) is also sentenced under Section 414 of I.P.C. to undergo rigorous imprisonment for a period of two years. Each of the appellants Teerath Singh, Jaswant Singh, Man Singh and Surta Nand Nautiyal, is sentenced under Section 412 of I.P.C. to undergo rigorous imprisonment for four years and to pay fine of Rs. 3,0001 - in default of payment of which, each one of them is directed to undergo further three months rigorous imprisonment. Each one of these four appellants is also sentenced under Section 414 of I.P.C. to undergo rigorous imprisonment for a period of two years. Sentences are directed by the trial court to run concurrently., 3. Heard learned counsel for the parties and perused the entire record. PROSECUTION STORY: