Naresh & Ors. vs The State of Uttarakhand & Ors.

Accused,Trial Court,High Court

Naresh

(A-1)","Acquitted under

Sections 307/34,

323/34, 324/34

and 504IPC","Convicted under Sections

307/34, 323/34, 324/34

and 504 IPC

5 years R.I. and Rs.5000/-

under Section 307 IPC

6 months R.I. and Rs.500/-

under Section 323/34 IPC

2 years R.I. and Rs.500/-

under Section 324/34 IPC

1 year R.I. and Rs.1000/-

under Section 504 IPC

Suresh

(A-2)","Acquitted u/s

307/34, 323/34,

324/34 and 504

IPC","Convicted under Section

307/34,

323/34, 324/34 and 504 IPC

6 months R.I. and

Rs.500/- under

Section 323/34 IPC

2 years R.I. and

Rs.500/- under

Section 324/34 IPC

1 year R.I. and

Rs.1000/- under

Section 504 IPC

(However, on

account of the

advance stage of

lung cancer, 2

years R.I. u/s 307

IPC)

Ashish@

Shesh

Raj (A-3)","Acquitted u/s

307/34, 323/34,

324/34 and 504

IPC","Convicted under

Sections 307/34,

323/34, 324/34

and 504 IPC

5 years R.I. and

Rs.5000/- under

Section 307 IPC

6 months R.I. and

Rs.500/- under

Section 323/34 IPC

2 years R.I. and

Rs.500/- under

Section 324/34 IPC

1 year R.I. and

Rs.1000/- under

Section 504 IPC

Rajendra

(A-4)","Acquitted u/s

307/34, 323/34,

324/34 and 504

IPC","Convicted under

Sections 307/34,

323/34, 324/34

and 504 IPC

5 years R.I. and

Rs.5000/- under

Section 307 IPC

6 months R.I. and

Rs.500/- under

Section 323/34 IPC

2 years R.I. and

Rs.500/- under

Section 324/34 IPC

1 year R.I. and

Rs.1000/- under

Section 504 IPC

enhance the fine amount imposed by the High Court on appellant Nos.1, 3 and 4.",,

So far as the case of appellant No.2 â€" Suresh(A-2) is concerned, we have perused the finding of the Additional Sessions Judge, which resulted",,

in his acquittal, and also perused the finding of the High Court which resulted in his conviction.",,

Having perused both the findings for deciding the role and involvement of appellant No.2 â€" Suresh in the incident in question, we are inclined to",,

restore the finding of the Sessions Judge rather than that of the High Court. In other words, we find",,

that the role and involvement of appellant No.2 - Suresh is not established beyond reasonable doubt while inflicting the injuries to Tej Singh and hence,",,

in our view, appellant No.2-Suresh deserves to be acquitted of the charges leveled against him. He is on bail because he is reported to be suffering",,

from lung cancer.,,

In the light of the foregoing discussion, the appeals succeed and are allowed in part and the impugned judgment is modified as under:",,

The jail sentence awarded to appellant Nos.1, 3 and 4 stands modified and is accordingly reduced to already undergone. In other words, the",,

appellant Nos.1, 3 and 4 are not now required to undergo any more jail sentence in connection with the offences in question.",,

However, as held above, appellant Nos.1, 3 and 4 each of them shall pay a sum of Rs.75,000/- by way of fine amount to the legal representatives",,

of,,

late Tej Singh (victim) (total Rs.2,25,000/-) or deposit the said sum (Rs.2,25,000/-) in the Court for being paid to the legal representatives of late Tej",,

Singh. The amount of Rs.2,25,000/- be deposited by appellant Nos.1, 3 and 4 within three months from the date of the order.",,

Failure to deposit the amount by anyone of the appellants (Nos.1, 3 & 4) will revive the impugned judgment and in such event, the defaulting",,

appellant(s) will be taken into custody to undergo remaining jail sentence awarded by the High Court in the impugned judgment.,,

So far as appeal the appeal in respect of appellant No.2-Suresh is concerned, it is allowed and the conviction of appellant No.2 stands set aside.",,

He is accordingly set free. His bail bonds are cancelled.,,

Criminal Appeal No.396 of 2018 In view of the judgment passed in Criminal Appeal Nos. 394-395 of 2018, the appeal is disposed of.",,