STATE OF UTTARAKHAND Vs. SAMEEM

JUDGEMENT

(1.) Present Government Appeal has been filed by the State-appellant against the judgment and order dtd. 19/5/2005 passed by the Additional Sessions Judge/FTC-VI, District Dehradun in Sessions Trial No.108/2002, whereby respondents-accused (Sameen, Vinod and Rajpal) were acquitted for the offences punishable under Ss. 147, 148 and 336 IPC. However, they were convicted under Sec. 147 and 308 IPC, but, they were given benefit of First Offenders Act and instead of imprisonment, each of the respondents were directed to pay fine of Rs.500.00 under Sec. 147 IPC and Rs.2000.00 each under Sec. 308 IPC and in case of default of payment of fine, they were directed to undergo 15 days rigorous imprisonment and three months under Sec. 308 IPC.

(2.) Heard Mr. A. K. Sah, A.G.A. with Ms. Geeta Parihar, Brief Holder for the State/appellant and Mr. Ramji Srivastava, Advocate with Mr. Shankar, Advocate for the respondents-accused, and also perused the record carefully.

(3.) The moot question for consideration in the present appeal under Sec. 377 of Code of Criminal Procedure filed by the State is "whether the sentence passed by Trial Court is inadequate and is not commensurate with the nature of offence.