STATE OF HIMACHAL PRADESH Vs. SANJEEV KUMAR

JUDGEMENT

(1.) The present appeal (Cr.A No.191 of 2008) is maintained by the State of Himachal Pradesh under Sec. 377 of the Code of Criminal Procedure for enhancement of sentence, passed by the learned Sessions Judge, Kinnaur, Sessions Division at Rampur Bushahr, H.P., whereby the learned lower Appellate Court has acquitted the accused under Sec. 5 of the Indian Telegraph Act and upheld the sentence recorded by the learned trial Court under Sec. 379 Penal Code. However, the sentence is modified to the period already undergone. On the day the appeal was decided, the respondent-accused remained behind the bars for a little period of more than six weeks.

(2.) The second appeal (Cr.No.283 of 2008) is also maintained by the State of H.P. under Sec. 378 Crimial P.C. against the same judgment acquitting the accused persons (hereinafter referred to as the 'accused') by the learned lower Appellate Court for the offence committed under Sec. 5 of the Indian Telegraph Act, for setting aside judgment of the learned Sessions Judge and convicting the accused under Sec. 5 of the Indian Telegraph Act also.

(3.) Meaning thereby that both the appeals are directed against one judgment. However, the appeal No.191 of 2008 is for enhancement of the sentence under Sec. 379 Penal Code and Appeal No.283 of 2008 is separately moved for setting aside the judgment of acquittal and for convicting the accused under Sec. 5 of the Indian Telegraph Act. Both the appeals since arises from the same judgment and are being heard together and disposed of by a common judgment.