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2014 Supreme(HP) 837

RAJIV SHARMA, SURESHWAR THAKUR
Surinder Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the appellant :Mr. Ashwani Pathak, Advocate.
For the respondent:Mr. Pramod Thakur and Mr. M.A. Khan, Addl. Advocates General.

JUDGMENT : -

Rajiv Sharma, J.

The present appeal is instituted against the judgment dated 6.5.2009 rendered by learned Sessions Judge, Chamba in Sessions Trial No.32 of 2008, whereby the appellant/accused (hereafter referred to as the “accused” for the sake of convenience), who was charged with and tried for offences punishable under Section 302, 201 read with Section 34 of the Indian Penal Code, was convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 20,000/- and in default of payment of fine to further undergo rigorous imprisonment for one year under Section 302 of the Indian Penal Code. The co-accused, Mohinder Singh, was acquitted of the charges framed against him.

2. The case of the prosecution, in a nutshell, is that the deceased Lal Chand, husband of PW1 Indru, resident of Village Bairagarh was working as SPO in Police Department. Lal Chand left his house on 16.4.2008 at 2.00 P.M.. He did not come back to home in the evening. PW1 Indru searched for Lal Chand in the village, but she could not locate him. On 17.4.2008, at about 8.00 A.M., Indru went to the house of the accused Surinder Kumar and asked him about her husband. He told her that

































































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