STATE OF H.P. Vs. LAL SINGH

JUDGEMENT

(1.) The present appeal has come for consideration after leave to appeal under Sec. 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment dated 30th January, 1996, delivered by the learned Sessions Judge, Bilaspur, in Criminal Appeal No. 17 of 1991, whereby the accused have been acquitted of having committed an offence punishable under Ss. 409 and 420 of the Indian Penal Code.

(2.) The alleged accused -Respondent was charge sheeted for the offences under Ss. 409 and 420 of the Indian Penal Code and was tried by the learned Sessions Judge, Bilaspur, Himachal Pradesh in Criminal case No. 66/1 of 1990/87 and the alleged accused was convicted for the offences under Ss. 409 and 420 IPC whereby the accused was sentenced to undergo simple imprisonment under Sec. 420 I.P.C. for one year and to pay a fine of Rs. 500/ -, in default of which the accused shall further undergo simple imprisonment for 3 months. The accused shall also undergo simple imprisonment for one year under Sec. 409 I.P.C. and shall also to pay a fine of Rs. 500/ -, in default of which he shall further undergo simple imprisonment for three months. However, both the sentences shall run concurrently. It was further directed that the fine imposed if realized an amount of Rs. 500/ - be paid to Shri Budhi Singh and similarly an amount of Rs. 445/ - be paid to the second complainant Shri Jagdish.

(3.) In order to adjudicate the criminal appeal, it is necessary to give the factual background of the case.