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2017 Supreme(HP) 451

SURESHWAR THAKUR
Ajay Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Appellant : Mr. Rajesh Mandhotra.
For the Respondent: Mr. Vivek Singh Attri.

JUDGMENT :

Sureshwar Thakur, J.

1. The instant appeal stands directed against the impugned judgment of conviction pronounced upon the appellant herein besides is directed against the sentence pronounced upon him for his committing offences punishable under Section 395 IPC.

2. The brief facts of the case are that on 6.7.2013 at about 5.10 p.m. complainant Nishant Bhardwaj reported the matter at Police Station GRPS Kangra that on 4.7.2013 at about 10.30 p.m. he alongwith his friend Tushar were coming from Pathankot to Paprola in train and when they reached Panchrukhi then accused Ajay Kumar alongwith his other co-accused, namely, Vijay Kumar, Munish Kumar and Arvind Kumar boarded their coach, one of the person stood in front of the complainant and rest of them went to switch off the light and when all the lights were switched off in the coach then one of accused Bichu (Vijay) told the complainant to stand up and started threatening him by Darat and kept in on the neck of the complainant whereas the other accused tried to beat Tushar and snatched their bags from them. The aforesaid bags of the complainant and of his friend contained their clothes and some documents alongwith Rs. 1400/- a










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