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2017 Supreme(HP) 1056

SANJAY KAROL, AJAY MOHAN GOEL
State of Himachal Pradesh – Appellant
Versus
Mahinder Kumar – Respondent


Advocates Appeared:
For the Appellants : V.S. Chauhan, Vikram Thakur.
For the Respondents: Satyen Vaidya, Vivek Sharma.

JUDGMENT :

Ajay Mohan Goel, J.

1. By way of this appeal, State has challenged the judgment passed by the Court of learned Additional Sessions Judge-II, Solan in Sessions Trial No. 2-AK/7 of 2013/12 decided on 23.05.2014, vide which learned trial Court has acquitted the accused for commission of offences punishable under Sections 302, 201 read with Section 34 of Indian Penal Code.

2. In brief, the case of the prosecution was that deceased Mehar Chand in the year 2012 was working as a driver of a truck belonging to accused Mahinder. On 01.01.2012 Mehar Chand transported sand in the said truck bearing registration No. HP-11-B-3044 from Bhumati and thereafter he parked the said vehicle and went to village Katal. Though he was married and was having children but on account of differences with his wife, she was residing in her parental house. On 02.01.2012 Mehar Chand went to the house of Jia Lal in village Badmal and had his breakfast there. Thereafter, he went to the house of Varinder Kumar in village Sothi where they consumed liquor together. Thereafter, he went to one Het Ram and there he consumed liquor with Het Ram. On the same day, at around 07.00 P.M. all the accused persons consume





































































































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