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2016 Supreme(HP) 1667

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


Advocates Appeared:
For the Appellant :Mr. R.L. Chaudhary, Advocate.
For the Respondent:Mr. M.A. Khan, Additional Advocate General.

JUDGMENT :

Rajiv Sharma, J.

1. This appeal has been instituted against Judgment dated 30.5.2016 rendered by the learned Additional Sessions Judge (III), Kangra at Dharamshala, District Kangra, Himachal Pradesh in S.T. No. 2-P/2014, whereby the appellant-accused (hereinafter referred to as 'accused' for convenience sake), who was charged with and tried for the commission of offences under Sections 452 and 302 IPC, has been convicted and sentenced to undergo life imprisonment and to pay a fine of Rs. 10,000/- for the commission of offence under Section 302 IPC and in default of payment of fine, to further undergo simple imprisonment for two months. He has been further convicted and sentenced to undergo imprisonment for two years and to pay a fine of Rs. 2,000/-, for the commission of offence under Section 452 IPC, and, in default of payment of fine, to further undergo simple imprisonment for a period of one month.

2. The case of the prosecution, in a nutshell, is that the house of Sunil Kumar (PW-1) was adjacent to the house of Swaroop Chand. He was at home on 10.8.2013 at about 2-2.30 PM, he heard cries from the house of Swaroop Chand. He went to the house of Swaroop Chand. He saw the
















































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