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2016 Supreme(HP) 1311

SANDEEP SHARMA
Onkar Chand – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Sunila Bhardwaj
For the Respondent: Mr. Rupinder Singh Thakur, Mr. Rajat Chauhan

JUDGMENT :

Sandeep Sharma, J.

Present criminal revision petition filed under Section 397 of the Code of Criminal Procedure is directed against the judgment of conviction and sentence rendered by learned Sessions Judge, Hamirpur, H.P., in Criminal Appeal No. 24 of 2008, affirming the judgment passed by learned Chief Judicial Magistrate, Hamirpur, HP, whereby the petitioner-accused namely Onkar Chand has been sentenced to undergo simple imprisonment for a term of six months and to pay fine of Rs. 1,000/- and in default to undergo simple imprisonment for one month for the commission of offence punishable under Section 323 of IPC; and to undergo simple imprisonment for a period of one year and to pay fine of Rs. 2,000/- and in default to undergo simple imprisonment for a period of two months for the commission of offence punishable under Section 325 of IPC. Both the substantive sentences of imprisonment have been ordered to run concurrently.

2. Briefly stated facts as emerge from the record are that on 5.11.2008, complainant, Neelam Kumari, visited the Police Station, Hamirpur and alleged that on 4.11.2006, when she was present in her house along with her son Ankit about 8 PM, accused Onk
































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