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2000 Supreme(HP) 275

LOKESHWAR SINGH PANTA, R.L.KHURANA
AMAR SINGH – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared:
Mr. Anup Chitkara, Advocate, for the Appellant; Mr. M.S. Guleria, Deputy Advocate General with Mr. J.S. Guleria, Law Officer, for the Respondents.

JUDGMENT

Lokeshwar Singh Panta, J.—The appellant Amar Singh took his trial before the Sessions Judge, Chamba Division under Section 302 of the Indian Penal Code for the murder of Anoop Singh. By the impugned judgment and order, the learned Sessions Judge in Sessions Case No. 9/1998 convicted the appellant on 1.12.1998 and sentenced him to life imprisonment and to pay fine of Rs. 5,000, in default of payment of fine he shall undergo rigorous imprisonment for one y6ar. In this appeal, the appellant has challenged his conviction and sentence.

2. The prosecution case may be briefly stated:—

3. Anoop Singh (deceased) had been residing in the house of Shri Sukhia Ram (PW 4) in village Miyari Gala. On 29.8.1997 at 7.45 p.m. when the deceased was sitting in the tea-stall of Pawan Kumar (PW 1) at Miyari Gala, the appellant who was carrying a bottle of illicit liquor came there. The appellant and the deceased consumed the entire liquor at the tea-stall of PW 1. At about 8.30 p.m. Sat Prakash (PW 11) also came there who was already drunk. The appellant asked PW 1 to arrange more liquor for them and the latter obliged them and served half bottle of illicit liquor which was also consumed by the a






























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