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2019 Supreme(HP) 1072

SURESHWAR THAKUR, JYOTSNA REWAL DUA
Pankaj – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
Sheetal Vyas, Adv., Manika Mittal, Adv., Hemant Vaid, Adv., Desh Raj Thakur, Adv., Yudhveer Singh Thakur, Adv., Vikrant Chandel, Adv.

JUDGMENT :

JYOTSNA REWAL DUA, J.

1. I have had the advantage of going through a very well written judgment passed by my Learned elder brother. However, I am unable to reconcile myself with the observations and the final verdict therein. Therefore, I hereby give my separate judgment in these appeals.

2. Entire factual matrix and the process leading to the trial and ultimate conviction of the appellants under Sections 452, 365 and 376(D) read with Section 34 of the IPC and sentencing them to undergo rigorous imprisonment for a period of two (2) years, three (3) years, twenty (20) years, respectively, have already been explained in the afore judgment. I am proceeding, thereafter.

3. Accused Pankaj (Appellant in Criminal Appeal No. 251 of 2018).

    3(a). Statements of important witnesses and analysis thereof is as under:-

3(a)(i) Prosecutrix as PW-1- has stated that on 24.03.2015 evening, Lambu alias Shiv Singh, Rakesh Kumar and Pankaj came to her one room quarter, where she resided with her husband and three years old son. All three of them consumed liquor alongwith her husband, whereafter the trio left the place. She further stated that around 10.00 pm, when she and her other two family membe

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