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2022 Supreme(SC) 271

SANJIV KHANNA, BELA M. TRIVEDI
Som Dutt – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates appeared:
For the Appellant(s) :Arvind Gupta, Amit Singh Chandal, Mohit Bidhuri, Advocates
For the Respondent(s):Manish Kumar, Vijay Kumar, Mridul Jhalani, Satish Kumar, Advocates

JUDGMENT :

Bela M. Trivedi, J.

1. Special leave is granted.

2. The appellants (original accused) have assailed the order dated 06.08.2021 passed by the High Court of Himachal Pradesh, Shimla in the Criminal Revision Petition No. 149 of 2012 filed by the appellants, dismissing the same.

3. The appellants – accused were convicted by the Judicial Magistrate First Class, Karsog, District Mandi Himachal Pradesh for the offence under Section 379 read with Section 34 of IPC in the Criminal Case No. 381 of 2009, and were directed to undergo simple imprisonment for a period of three months and pay fine of Rs. 3000/- in default thereof, to undergo further simple imprisonment for one month, vide the judgment and order dated 20.01.2012. The said judgment was affirmed by the Additional District and Sessions Judge, Mandi, camp at Karsog vide judgment and order dated 08.06.2012 passed in Criminal Appeal No. 11 of 2012. Being aggrieved by the said order passed by the appellate Court, the appellants had preferred the Revision Petition being No. 149 of 2012, which came to be dismissed by the High Court of Himachal Pradesh vide the impugned order dated 06.08.2021

4. As per the case of prosecution, on 1

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