Document Fragment View

Matching Fragments

(iii) Appellants Sanjay Raina, Rajeev Kumar Goyal and Deepak Handa (A-2 to A-4) for the offences under Sections 420/467/468/471 IPC.
CRL.A. Nos. 265-66,269-70 of 2008 Page 2 of 40

2. The appeals are also directed against the order on sentence dated 5 th March 2008 whereby:

(i) Appellant L.K. Gupta was sentenced to undergo rigorous imprisonment („RI‟) for three years and to pay a fine of Rs.1 lakh for the offences under Section 13(2) read with Section 13(1)(d) of the PC Act and in default to undergo simple imprisonment („SI‟) for one year and RI for one year and a fine of Rs.20,000 and in default to undergo SI for three months for the offences under Section 120B read with Sections 420/467/468/471 IPC with both the sentences being directed to run concurrently.
(ii) Appellant Sanjay Raina was sentenced to RI for three years and to pay a fine of Rs.40,000 and in default to undergo SI for six months for the offence under Section 420 IPC and an identical sentence for the offences under Sections 467 read with Section 471 IPC and 468 read with Section 471 and RI for one year for the offence under Section 120B read with Sections 420/467/468/471 IPC with all sentences being directed to run concurrently.
(iii) Appellant Rajeev Kumar Goyal was sentenced to undergo RI for two years and a fine of Rs.25,000 and in default to undergo SI for three months for each of the offences under Section 420 IPC, Section 467 read with Section 471 IPC and Section 468 read with Section 471 IPC and RI for one year under Section 120 B read with Sections 420/467/468/471 IPC with all the sentences being directed to run concurrently.

(iv) Appellant Deepak Handa was sentenced to undergo RI for two years and to pay a fine of Rs.25,000 and in default to undergo SI for three months for each of the offences under Section 420 IPC, Section 467 read with Section 471 IPC and Section 468 read with Section 471 IPC and RI for one year under Section 120 B read with Sections 420/467/468/471 IPC with all the sentences directed to run concurrently.

3. At the time of admission of appeals on 31 st March 2008, this Court suspended the sentences awarded to each of the Appellants during the pendency of the appeals subject to terms. The Court s informed that the fine amounts have already been paid by the Appellants.

43. The resultant position is that the offences committed by Sanjay Raina qua this claim under Section 120-B IPC read with Sections 420/467/468/471 have been proved beyond reasonable doubt. As far as A4, Deepak Handa is concerned, the offences under Section 120-B IPC and Section 420 have been proved beyond all reasonable doubt. The offence qua this claim vis-a-vis L.K. Gupta has not been proved.

CRL.A. Nos. 265-66,269-70 of 2008 Page 32 of 40

Claim of M/s. Sarthak Enterprises