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2025 Supreme(SC) 649

PANKAJ MITHAL, S. V. N. BHATTI
State of Himachal Pradesh – Appellant
Versus
Shamsher Singh – Respondent


Advocates Appeared:
For the Appellant(s) : Mr. Rajiv Kumar Sinha, AOR Mr. Raj Kumar, Adv. Mr. Rajoday Satyjeet, Adv.
For the Respondent(s): Ms. Asha Gopalan Nair, AOR Ms. Nivedita Nair, Adv. Mr. Shashikant Pralhad Chaudhari, Adv.

JUDGMENT :

PANKAJ MITHAL, J.

1. Heard Shri Raj Kumar, learned counsel for the appellant and Ms. Asha Gopalan Nair, learned counsel for the respondent.

2. Under challenge in this criminal appeal preferred by the State of Himachal Pradesh is the judgment and order dated 14.07.2014 of the High Court whereby it has reversed the judgment and order of conviction passed by the trial court and had acquitted the accused-respondent from the offence under Section 307 of the India Penal Code,1[In short ‘IPC’] read with Section 27 of the Arms Act, 1959 but has convicted him for commission of offence under Section 326 IPC. The consequential order dated 28.07.2014, imposing punishment of the term already undergone by the accused-respondent, is also under challenge.

3. The accused-respondent is the sole accused who was found guilty for an offence under Section 307 IPC and Section 27 of the Arms Act, 1959. He was sentenced to undergo seven years of rigorous imprisonment under Section 307 with fine of Rs.20,000/-. In default of payment of fine, he was ordered to undergo simple imprisonment of one year. He was also punished for an offence under Section 27 of the Arms Act, 1959 with rigorous imprisonment

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