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2009 Supreme(HP) 100

DEEPAK GUPTA, V.K.AHUJA
State of H. P. – Appellant
Versus
Pawan Kumar – Respondent


Advocates:
For the Appellant :- Mr. Rajesh Mandhotra, Dy. A.G.
For the Respondents:- Mr. Vinay Thakur, Advocate.

JUDGMENT

(Deepak Gupta, J.) - This appeal by the State is directed against the judgment of the learned Additional Sessions Judge, Solan, Camp at Nalagarh in Sessions Trial No. 2-NL/7 of 1992 decided on 10.1.1994 whereby he acquitted the accused of having committed offences punishable under Sections 302, 323, 452 read with Section 34 of the Indian Penal Code.

2. Briefly stated the facts of the case are that the three accused Pawan Kumar, Ram Murti and Roop Ram are real brothers. Roop Ram is married having a wife, five sons and a daughter. His relations with his wife and children are strained. He, therefore, resided with his brothers Ram Murti and Pawan Kumar in their

house whereas his wife, sons and daughter continued to reside in his house which is close to the house of his two brothers. There are a number of litigations pending between the accused Roop Ram and his wife and children. The relations between Roop Ram and his wife and children are extremely bitter and acrimonious, so much so that on 17.5.1991 Roop Ram lodged a report with the S.H.O., Police Station, Nalagarh that he apprehended danger to his life at the hands of his sons Bir Singh (deceased) and Kulwant Singh an




















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