RAMESH JOSHI Vs. STATE OF UTTARANCHAL
HIGH COURT OF UTTARAKHAND
STATE OF UTTARANCHAL
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(1.) This judgment an order will dispose of both the above titled revisions as the same have arisen out of the judgment and order of conviction dated 15.3.2005 passed by the Special Judicial Magistrate, Pithoragarh in Criminal Case No. 92/2003, whereby the learned Trial Judge found both the accused revisionist Smt. Neelam Bisht guilty of the offences under Section 420, 471 IPC and sentenced her to undergo two years' rigorous imprisonment for each of the offences along with fine of rupees two thousand for the offence under Section 420 IPC. Ramesh Joshi was convicted for the offences under Section 420/120B IPC and 471/120B IPC and awarded similar punishment as was awarded to Smt. Neelam Bisht.
This judgment and order of conviction was sustained by the learned Sessions Judge, Pithoragarh vide his judgment and order dated 9.5.2006 while adjudicating the Criminal Appeals No. 8 and 7 of 2005 filed respectively by Smt. Neelam Bisht and Ramesh Joshi.
(2.) This Court rendered hearing to learned Counsel for both the revisionists as well as learned State Counsel. Also perused the papers on record.
(3.) Theme of the prosecution story is that Smt. Neelam Bisht was the President of Women Unit of Samajwadi Party in district Pithoragarh, while Rajesh Joshi was chauffer of her car. Smt. Neelam Bisht assured PW1 Km. Mamta Aer for the Government job in Kumaon Mandal Vikas Nigam if she parted with rupees forty five thousand as a consideration for the same. Km. Mamta Aer was pursuing her graduation and looking to her family circumstances, she somehow managed to arrange this much money and handed over the same on 31.10.2001 at the residence of Smt. Neelam Bisht. She was assured for the delivery of the appointment letter on that very day after reaching Loha Ghat. So, Km. Mamta Aer accompanied Smt. Neelam Bisht and Rajesh Joshi to Loha Ghat, where an appointment letter was delivered to her, which was subsequently found to be fake and fabricated. So, she lodged an FIR. The matter was investigated and after trial, both the accused revisionists were convicted and sentenced as stated above.;
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