LALIT KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) PRESENT: Sri Pankaj Kumar Tyagi, the learned counsel for the appellants. The learned AGA for the State.

(2.) THE appellants Lalit Kumar Sharma and his father Jagdeesh Sharma alias Jagveer Sharma, both residents of 216/2C Shatabdi Nagar, RS. Partappur, district Meerut have filed this appeal under Section 351 of the Code of Criminal Procedure (in short the 'Code') against the judgment and order dated 16.12.2008 passed by Sri Yogendra Singh, Additional Sessions Judge, Court No. 7, Ghaziabad in Criminal Misc. Case No. 16 of 2008, State v. Lalit Sharma and another under Section 344, Cr.P.C., PS. Modinagar, district Ghaziabad, by which the learned Additional Sessions Judge has held the accused appellants guilty under Section 344, Cr.P.C. for giving false evidence in ST. No. 727 of 2006, State v. Pradeep alias Teetu and others, under Section 366, I.P.C., P.S. Modinagar, district Ghaziabad. Consequently, he has convicted and sentenced the appellant No. 1 Lalit Kumar Sharma to undergo RI for two months and to pay fine of Rs. 500/-. He has convicted and sentenced appellant No. 2 Jagdeesh Sharma to undergo RI for one month and to pay fine of Rs. 500/-. THE sentence further directs that in case the accused fail to pay the amount of fine each of them will further undergo additional imprisonment for ten days.

(3.) THE relevant facts giving rise to the present appeal may be summarised as under: