KAMAL BAHADUR SHAHI & ANOTHER Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-5-105
HIGH COURT OF UTTARAKHAND
Decided on May 10,2012

Kamal Bahadur Shahi And Another Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) Since in both these appeals, challenge has been made to the consolidated judgment and order dated 8.5.2009, passed by the Sessions Judge, Chamoli in Sessions Trial No. 19/2006 and Sessions Trial No. 20/2006, hence, Criminal Appeal No. 123/2009, which was not on board today, was summoned by the Court at its own in the interest of justice. Fortiori, it would not be in the fitness of things to adjudicate these appeals by rendering separate judgments. So, both these appeals are being decided by this common judgment and order. It may be added that both appeals were filed by same Counsel and she has been heard at length on behalf of all appellants. Six accused persons, namely, Kamal Bahadur, Chandra Bahadur, Meen Bahadur, Shambhu Bahadur @ Sam Bahadur, Netra Bahadur & Ratan Bahadur were tried in both these Sessions Trial No. 19/2006, State v. 2 Kamal Bahadur Shahi & Others, pertaining to Crime No. 3/2006, and Sessions Trial No. 20/2006, State v. Kamal Bahadur Shahi & Others, pertaining to Crime No. 4/2006. In Crime No. 3/2006 (S.T. No. 19/2006), the accused Kamal Bahadur and Chandra Bahadur were convicted under Section 397 and 458 IPC and each of them were sentenced to undergo seven years rigorous imprisonment and fine of Rs. 5000/- for each of the said offences, failing which to undergo further six months imprisonment for each default. However, accused Netra Bahadur, Ratan Bahadur, Meen Bahadur and Shambhu Bahadur were acquitted from the charges levelled against them in Crime No. 3/2006. In Crime No. 4/2006 (S.T. No. 20/2006), four accused persons, namely, Kamal Bahadur, Chandra Bahadur, Meen Bahadur and Shambhu Bahadur were convicted under Section 392 and 458 IPC and each of them were sentenced to undergo seven years rigorous imprisonment and fine of Rs. 5000/- for each of the said offences, failing which to undergo further six months imprisonment for each default. All the sentences were directed to run concurrently in both the cases. However, accused Netra Bahadur and Ratan Bahadur were acquitted from the charges levelled against them in Crime No. 4/2006.
(2.) Heard learned Senior Counsel for the appellants and learned Brief Holder for the State. Also perused the impugned judgment and order as well as the trial court record.
(3.) Prosecution story, in brief, is that in the intervening night of 12/13.8.2006, the accused persons allegedly committed two consecutive incidents in village Mundoli, Patwari Circle Mundoli, Tehsil Tharali, District 3 Chamoli. Report of the first incident i.e. Crime No. 3/2006, which allegedly took place at 12.10 am in the said night, was lodged with the Patwari concerned by Mr. Vinod Raturi, while the report of the second incident i.e. Crime No. 4/2006, which allegedly took place at 12.45 am in the said night, was lodged by Mr. Lalit Mohan Sati. These reports are Ex. Ka-1 and Ka-3 respectively. The chick reports of the same are Ex. Ka-9 and Ka-11 respectively. Copies of the GD entry, which have been proved in the trial court for each of the incident, are respectively Ex. Ka-10 and Ka-12.;


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