AZAM AND ORS. Vs. STATE OF H.P.

JUDGEMENT

(1.) SINCE common questions of law and facts are involved in these appeals, all these appeals were taken up together for hearing.

(2.) THESE appeals are directed against the common judgment dated 23.12.2011/29.12.2011, rendered by the learned Addl. Sessions Judge, Mandi, H.P., in Sessions Trial No. 10 of 2010, whereby the appellants -accused (hereinafter referred to as the "accused", namely, Azam, Shamshudin and Sheharudin), who were charged with and tried for offence punishable under Section 395 IPC, have been convicted and sentenced to undergo rigorous imprisonment for a period of 10 years each and to pay fine of Rs. 10,000/ - each and in default of payment of fine, they were further ordered to undergo simple imprisonment for six months each. Accused Kasim was acquitted by the learned trial Court for offence under Section 395 IPC.

(3.) THE prosecution, in order to prove its case, has examined as many as 29 witnesses. The accused were also examined under Section 313 Cr.P.C. They have denied the prosecution case. According to them, they were falsely implicated. The learned trial Court convicted accused Azam, Shehrudin and Shamsudin, as noticed hereinabove. Accused Kasim was acquitted. Hence, these appeals on behalf of the accused persons.