SHANTI DEVI AND ORS Vs. STATE OF UTTARANCHAL AND ORS
HIGH COURT OF UTTARAKHAND
Shanti Devi And Ors
State Of Uttaranchal And Ors
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(1.) Since aforesaid two criminal appeals arise out of the same judgment, therefore, they are being decided by this common judgment and order.
(2.) A complaint was written by PW 1 Puttu Lal against Rajendra, Rajrani and Shanti Devi on 11.04.1996, under Sections 436, 504 and 506 IPC, which was registered in PS Khatima, District Udham Singh Nagar. After the investigation, final report was submitted by the investigating officer. Protest petition was filed by the complainant. The statements of Puttu Lal, Hukum Singh, Smt. Raju Devi and Tikori Devi were recorded. On the basis of the testimony of the said witnesses, accused persons were summoned to face the trial. One of the accused Rajendra died and thereafter, the case was committed to the Court of Sessions for the trial of Smt. Rajrani and Smt. Shanti Devi.
(3.) Accused persons were charged for the offences under Sections 436, 504 and 506 IPC, to which they pleaded not guilty and claimed trial. Evidence of PW 1 Puttu Lal, PW 2 Hukum Singh and PW 3 Smt. Raju Devi was recorded. Incriminating evidence was put to the accused-appellants under Section 313 Cr.P.C., in reply to which they (the appellants) said that they were falsely implicated in the instant case. No evidence was given in defence. After considering the evidence on record, both the accused persons were convicted under Section 436 IPC and were directed to undergo three years' rigorous imprisonment along with a fine of Rs.2000/- each, vide impugned judgment and orders dated 19.12.2002 and 08.01.2003. Aggrieved against the same, present criminal appeals were preferred.;
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