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2021 Supreme(SC) 243

SURYA KANT, ANIRUDDHA BOSE, N. V. RAMANA
ACHHAR SINGH – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
For the Appellant(s) :R. Basant, R. Anand Padmanabhan, Shashi Bhushan Kumar, J.S. Attri, Rameshwar Prasad Goyal, Advocates
For the Respondent(s):Abhinav Mukerji, Bihu Sharma, Pratishtha Vij, Advocates

JUDGMENT :

Surya Kant, J:

The appellants Achhar Singh and Budhi Singh are aggrieved by the judgment and order dated 12.05.2010/27.05.2010 passed by the High Court of Himachal Pradesh whereby their acquittal by the Addl. Sessions Judge, Mandi dated 24.02.1998 has been set aside. Consequently, Achhar Singh has been convicted for offences under Sections 452, 326 and 323 of the Indian Penal Code, 1860 (“IPC”) and sentenced to undergo rigorous imprisonment for five years along with fine, while Budhi Singh has been convicted for offences under Sections 302 and 452 IPC and sentenced to undergo imprisonment for life along with fine.

FACTS:

2. The prosecution case, in brief, is that on the night of 23.02.1996, the complainant Netar Singh’s wife (Meera Devi, P.W.11) and mother (Swari Devi) had attended the marriage function in a nearby village at the house of the bridegroom with whom their neighbour Budhi Singh’s daughter got married. Both the ladies returned home with ‘Dhaam’ (traditional food served on social events). It is relevant to mention here that owing to their social boycott by Budhi Singh and some other villagers, Netar Singh’s family did not attend any marriage function at the forme

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