BHURI DEVI AND ANOTHER Vs. STATE OF UTTARANCHAL AND ANOTHER
HIGH COURT OF UTTARAKHAND
Bhuri Devi And Another
State of Uttaranchal and another
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(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
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