JAMAN SINGH Vs. STATE

JUDGEMENT

(1.) This criminal appeal, preferred under Section 374(2) of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 03-09-1996 passed by III Addl. Sessions Judge, Nainital in S.T. No. 85/1985, State v. Bihari Singh and Ors., S.T. No. 139 of 1985, State v. Jaman Singh and S.T. No. 19 of 1987 State v. Bihari Singh, whereby the learned III Addl. Sessions Judge has convicted the appellant/accused Bihari Singh Under Section 392 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced him to four years' rigorous imprisonment with fine of Rs. 1,000/- and in default, further five months' simple imprisonment was awarded. He was further convicted Under Section 25 of the Arms Act, 1959 (hereinafter to be referred as the Act) and was sentenced to one year's R.I. Both the sentences were directed to run concurrently. However, his sentence in case of default of payment of fine was directed to run separately.

(2.) Appellant-accused Jaman Singh was convicted Under Section 392 IPC and was sentenced to four years' R.I. with fine of Rs. 500/- and in case of default of fine, further five months' S.I. was awarded. He was further convicted Under Section 4/25 of the Act and was sentenced to six months' R.I. Both the above sentences were directed to run concurrently. However, the sentence in case of default of payment of fine was directed to run separately.

(3.) Both the appellants-accused were acquitted by the trial court for the offences punishable Under Section 397 IPC and 412 IPC. Co-accused Ganga Singh was also acquitted by the trial court for the offence punishable Under Section 120-B IPC.