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T.R.HANDA
Gian Chand – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Counsel for the parties:
Rana Kultar Chand, Advocate-For the Appellants.
Malkiat Singh. Assistant Advocate General For the Respondent.

JUDGMENT

T.R. Handa, J.-Vide his judgment dated 15-11-1978 recorded in Sessions case No. 8178 of his fib. the Additional Sessions Judge, Kangra at Dharamsala, convicted Gian Chand, appellant No. 1, for the offences under section 30- Part-1 and section 447 I.P.C. and the other three appellants under section 417 I P.C. Later vide his order of even date, he sentenced appellant No. 1 to undergo rigorous imprisonment for five years and to pay a fine of Rs. 5,000/- for the offence under Section 304 Part, I P.C. and to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000- for the offence under section 447 I.P.C. In case of default in paying the fine, this appellant was directed to undergo further RI for one year and three months respectively. The other three appellants were, however, allowed the benefit of section 4 of the Probation of Offenders Act and released on their furnishing personal bond in the sum of Rs. 5000/. each with one surety in the like amount undertaking to be of good behaviour and keep peace for a period of three years or else to receive sentence when called upon from the said authority. Feeling aggrieved, the appellants have approached this Court i

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