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1998 Supreme(HP) 107

R.L.KHURANA
KAMAL BHATIA – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
Mr. B.N. Misra, Advocate, for the Petitioner; Mr. Ashok Sharma, Assistant Advocate:General, for the Respondent.

JUDGMENT

R.L. Khurana, J.—The petitioner, Kamal Bhatia, hereinafter referred to as the accused, upon having been tried for the offences under Sections 409 and 468, Indian Penal Code, by the learned Sub-Divisional Judicial Magistrate, Paonta Sahib, stands convicted vide judgment dated 26.11.1985 for such offences and sentenced as under : Sr. No. Offence Sentence 1. 409, IPC Rigorous imprisonment for one year and fine of Rs. 200/-. In default of payment of fine, simple imprisonment for a period of one month.

2. 468, IPC Rigorous imprisonment for six months and fine of Rs. 200/-. In default of payment of fine, simple imprisonment for a period of one month. The substantive sentences of imprisonment on both the counts were ordered to run concurrently. The conviction and sentence imposed upon the accused by the learned Magistrate has been affirmed in appeal by the learned Additional Sessions Judge, Nahan, vide judgment dated 4.3.1997 passed in Criminal Appeal No. 3-N/10 of 1986.

2. The accused has thus come up before this Court by way of the present revision petition preferred through Superintendent Jail, Nahan, assailing the conviction and sentence imposed upon him by the two Courts below


















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