ROSHAN LAL ARYA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant - original accused (hereafter referred to as "accused") was tried along with one Mohammad Yunus for offence punishable under Sections 489(B) and 489(C) read with Section 34 of the Indian Penal Code, 1860 (IPC in brief) in Sessions Case No.83/2012 before Additional Sessions Judge-5, Aurangabad and, while the other accused came to be acquitted as there was no evidence against the said accused, the appellant was convicted for these Sections. He was sentenced to suffer rigorous imprisonment for ten years and fine of Rs.5000/-, in default of fine, to suffer simple imprisonment for one month, under Section 489(B) of IPC. For offence under Section 489(C), he was convicted and sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.5000/- and in default, to suffer simple imprisonment for one month. Thus these appeals.

(2.) The case of prosecution in short is as under :

(3.) Prosecution brought on record evidence of six witnesses and the documentary evidence was also proved. The defence of the accused, as can be seen from the cross-examination and his statement under section 313 of the Code of Criminal Procedure (Cr.P.C. in brief) is that of denial.