KAILASH CHANDRA KANDPAL Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred by the appel­lant u/s 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 11.10.1991 passed by IIIrd Additional Sessions Judge, Nainital in Sessions Trial No. 127/1990, State Vs. Kailash Chandra Kandpal, whereby the learned IIIrd Additional Sessions Judge, has con­victed the appellant/accused u/Ss 394 and 397 of the Indian Penal Code, 1860 (hereinafter to be referred as IPC) and was sentenced to three years' R.I. u/s 394 IPC and seven years' R.I. u/s 397 IPC. However, the appellant/accused was acquitted of the charge levelled against him u/s 411 IPC.

(2.) I have heard Sri S.C. Bhatt, learned amicus curiae for the appellant and Sri Prabhakar Joshi, learned brief holder for the State and perused the en­tire material available on record.

(3.) LEARNED Chief Judicial Magis­trate, Nainital committed the case to the Court of Sessions on 4.5.1990.