BHURI DEVI AND ANOTHER Vs. STATE OF UTTARANCHAL AND ANOTHER
LAWS(UTN)-2013-7-225
HIGH COURT OF UTTARAKHAND
Decided on July 30,2013

Bhuri Devi And Another Appellant
VERSUS
State of Uttaranchal and another Respondents

JUDGEMENT

- (1.) By means of the present criminal appeal, convicts-appellants have challenged the impugned judgment and order dated 11.09.2002, whereby they were convicted of the offence punishable under Section 325 IPC read with Section 34 IPC and each one of them was directed to undergo rigorous imprisonment for three years along with fine of Rs. 5000/- each.
(2.) Learned counsel for the appellants submitted at the very outset that he has nothing to say on the merits of the case. Learned counsel contended that he has come to the Court with the sole prayer that the sentence awarded to the convict-appellants be reduced. Learned counsel submitted that the appellants are women, who have been convicted under Section 324 IPC read with Section 34 IPC only. They have been directed to undergo rigorous imprisonment for three years along with a fine of Rs. 5000/- only. The learned counsel for the appellants further contended that the appellants were not the previous convicts and, therefore, benefit of Section 4 of the Probation of Offenders Act, 1958 should be granted to them.
(3.) PW 1 Kalawati lodged a first information report against Bhoori Devi, Basanti Devi and Kidi Devi, in PS Moonakot, District Pithoragarh, on 02.08.1997, at 5:00 p.m. for the offences punishable under sections 323, 504, 325 and 109 IPC. After the investigation, a charge-sheet for the offences punishable under Sections 325, 504, 109, 506, 326 and 307 IPC was filed against the accused persons. The case was committed to the Court of Sessions. When the trial began and prosecution opened it's case, charge for the offence punishable under Section 307 IPC read with Section 34 IPC was framed, to which they pleaded not guilty and claimed trial.;


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