RAM LAL AND ANOTHER Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred by the appel­lants 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 19.12.1991 passed by Sessions Judge, Chamoli in Sessions Trial No.17/1990, State Vs. Ram lal & others, whereby the learned Sessions Judge convicted the accused/appellants Ram lal and Shyam lal u/s 323 r/w Sec­tion 149 of The Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and each of the accused/appellant was sen­tenced to undergo one year's R.I. and a fine of Rs.250/- (two hundred fifty). In de­fault of payment of fine, further three months S.I. was awarded. However, the co-accused persons, namely, Mohan lal, Birendra lal, Smt. Swari Devi and Bachhu Tamta were acquitted by the trial court of the charge levelled against them.

(2.) I have heard Sri R.C. Tamta, learned counsel for the appellants as well as Sri M.A. Khan, learned brief holder for the State and perused the entire material available on record.

(3.) LEARNED Chief Judicial Magistrate, Chamoli committed the case to the Court of Sessions on 10.10.1990 after giving necessary copies to the appellants/accused and the other co-accused persons (acquit­ted by the trial court) as provided under section 207 Cr.P.C.