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2008 Supreme(SC) 1

ARIJIT PASAYAT, AFTAB ALAM
STATE OF HIMACHAL PRADESH – Appellant
Versus
PARAS RAM – Respondent


ADVOCATES APPEARED
J.S. Attri, Advocate, for the Appellant;
Dr. LB. Gaur, Advocate, for the Respondents.

Judgment

DR. ARIJIT PASAYAT, J.- Leave granted.

2. Refusal to grant leave to question judgment of acquittal in terms of Section 378(3) of the Code of Criminal Procedure, 1973 (in short "CrPC") is the subject-matter of challenge in this appeal. According to the appellant State of Himachal Pradesh, the one line order "Dismissed" of the Himachal Pradesh High Court without assigning reasons therefor does not meet the requirement of law.

3. The respondents (hereinafter referred to as "the accused") faced trial for alleged commission of offences punishable under Sections 436, 447, 427, 147 and 506 of the Penal Code, 1860 (in short "IPC").

4. The prosecution case, in brief, is that the complainant, Smt Manjit Kaur' is a resident of Village Abada Barana, District Una, H.P. She is a housewife. On 30-6-2003 at about .45 p.m. she and her sister-in-law Nirmala Devi were watching television in their house and their children were playing outside, while her husband Gurdial Singh had gone to Kuthar to bring medicines. In the meantime daughter of her sister-in-law aged about 13 years named Poonam came there and told that some persons were uprooting creepers from their field. On this they both came












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