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2016 Supreme(HP) 1910

SANJAY KAROL, AJAY MOHAN GOEL
State of Himachal Pradesh – Appellant
Versus
Vikrant @ Vicky – Respondent


Advocates Appeared:
For the Appellant : Mr. Vikram Thakur
For the Respondent: Mr. Nitin Khanna

JUDGMENT :

Sanjay Karol, J.

State has filed the present Revision Petition against the judgment dated 19.9.2012, passed by learned Principal Magistrate, Juvenile Justice Board, Kullu, Himachal Pradesh, in Criminal Case No.12-I of 2010/13 of 2008, titled as State v. Vikrant alias Vicky, challenging acquittal of juvenile Vikrant (hereinafter referred to as the Juvenile), who stands charged for having committed an offence punishable under the provisions of Section 302 read with Section 34 of the Indian Penal Code.

2. It is the case of prosecution that in the night intervening 27th & 28th October, 2007, Varun Mahajan (deceased) alongwith his friends Divesh (PW-3), Lal Chand (PW-4), Arpit & Vinod Kumar (both not examined) were walking on the road somewhere at a place known as Shallang (Kullu). Juvenile Vikrant and main co-accused Manoj Kumar & Gauri Shankar, who also happened to be present there, picked up a fight and assaulted them with dandas. As a result, except Lal Chand, all received serious injuries. Soon co-accused Sanjeev Kumar arrived and forcibly took Varun Mahajan and Divesh Sharma in a vehicle (TATA SUMO). After covering some distance, he threw down Varun Mahajan and asked Div













































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