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1995 Supreme(HP) 52

LOKESHWAR SINGH PANTA, KAMLESH SHARMA
STATE OF HIMACHAL PRADESH – Appellant
Versus
MAHESHI ALIAS MAHESH – Respondent


Advocates Appeared:
In Murder Reference No. 1 of 1994: For the appellants :Pt. Om Parkash, Additional A. G. For the respondents:M/s P. S. Mann, Senior Advocate, T. P. S, Mann, K. S. Dhadwal, O. P. Sharraa, Balram Singh and Mrs. Baljit Mann, Advocates. In Criminal Appeal No. 275 of 1994: For the appellants :Pt. Om Parkash, Additional A. G. For the respondents:M/s A.K Goel, K.S. Dhadwal, Balram Singh, N.K Thakur and Jagdish Vats, Advocates. In Criminal Appeal No. 151 0/1994: For the appellants :M/s. P.S. Mann, Senior Advocate, T.P.S. Mann, K.S Dhadwal, O. P. Sharma, Balram Singh and Mrs. Baljit Mann, Advocates. For the respondents: Pt, Om Parkash, AddL A G. In Criminal Appeal No. 152 of 1994: For the appellants :M/s. K.S. Dhadwal, Balram Singh, R. K. Kalra and O. P. Sharma, Advocates. For the respondents: Pt. Om Parkash, Addl. A. G. In Criminal Appeal No. 153 of 1994: For the appellants :A.K. Goel, Advocate. For the respondents:Pt. Om Parkash, Additional Advocate General. In Criminal Appeal No. 154 of 1994: For the appellants :M/s. T. R. Chandel and Jagdish Vats, Advocates, For the respondents:Pt. Om Parkash, Additional Advocate General.

JUDGMENT

Miss Kamlesh Sharma, J.—In Sessions Case No. 8 of 1992 under sections 120-B, 302, 307, 149, I. P. C. and section 27 of Indian Arms Act, Ghunghru alias Madan Lal, Maheshi alias Mahesh, Sarvan and Jaind alias Chandermohan were the accused. In another Sessions Case No. 38 of 1993 under sections 120-B, 302, 307, 149, I. P. C. and section 27 of Indian Arms Act Anil Kumar and Prem Pal were the accused. Both these Sessions Cases were consolidated and joint trial was held by order dated 18-8-1993 passed by Sessions Judge, Una District Una. Both the Sessions Cases were decided by common judgment dated 19-10-1994.

2. By the judgment dated 19-10-1994 accused Anil Kumar and Prem Pal are acquitted. Accused Maheshi alias Mahesh is convicted for the offences punishable under sections 120-B, 449, 302, 307, I. P. C. and section 27 of Indian Arms Act, 1959 and after hearing on the quantum of sentence on 21-10-1994, he is sentenced as under ;—

1. Sentenced to rigorous imprisonment for 3 years and fine of Rs. 1,000 for the offence punishable under section 449, Indian Penal Code. In default of payment of fine he shall further undergo rigorous imprisonment for three months;

2. Sentenced to death fo









































































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