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R.S.THAKKUR
State of Himachal Pradesh – Appellant
Versus
Sheelan Devi – Respondent


Advocates:
Mr. M. S. Guleria (Assistant A.G.) - For the Appellant.
Mr. Rakesh Verma vice Mr. K.D. Sood, Advocate - For the Respondent.

JUDGMENT

R. S. Thakur, J. - This appeal under section 377 of the Code of Criminal Procedure has been directed against the order of conviction passed by the learned Sessions Judge, Hamirpur, dated January 8, 1981, in a case under section 436 of the Indian Penal Code whereby he held the respondent accused Sheelan Devi (hereinafter referred to as the accused) guilty for the said offence but instead of sentencing her he extended the benefit of the provisions of section 360 read with section 361 of the Cr. P.C. and ordered her release subject to her furnishing personal bond with one surety in the sum of Rs. 5,000/- each for a period of three years and to come and receive sentence within the said period as and when called upon to do so and in the meantime to keep peace and be of good behaviour. Besides this, he also made her release subject to payment of Rs. 1500/- as compensation to the complainant Sarvan Kumar.

2. The prosecution case against the accused before the trial court was that the accused and the complainant Sarwan Kumar belong to the same village Gujoh in district Hamirpur. On April 29, 1980, the goats of the accused damaged the wheat crop of the said Sarwan Kumar and when th

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