State of H. P. vs Baishakhi Ram - 2019 Supreme(HP) 1185

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2019 Supreme(HP) 1185

SANDEEP SHARMA
State of H. P. – Appellant
Versus
Baishakhi Ram – Respondent

Advocates Appeared:
For the Appellant :Mr. Sanjeev Sood and Mr. Sudhir Bhatnagar, Additional Advocates General with Mr. Kunal Thakur, Deputy Advocate General.
For the Respondent:Mr. Abhishek Sood, Advocate.

JUDGMENT :

Sandeep Sharma, J.

Instant criminal appeal under S.378 CrPC, having been filed by the appellant-State, lays challenge to judgment dated 23.6.2009 passed by learned Additional Sessions Judge (Fast Track Court), Dharamshala, District Kangra, Himachal Pradesh in Crl. Appeal No. 24-P/2007, reversing judgment of conviction dated 26.10.2007 passed in Cr. Case No. 232-II/04/2K by the learned Judicial Magistrate 1st Class, Court No. II, Palampur, District Kangra, Himachal Pradesh, whereby learned trial Court, while holding the respondent-accused (hereinafter, ‘accused’) guilty of having committed offences punishable under Ss. 279, 337 and 338 IPC, convicted and sentenced him as under:-

Section	Sentence	In default of payment of fine
279 IPC	Simple imprisonment for two months and fine of Rs.500/-	Simple imprisonment for ten days
337 IPC	Do	Do
338 IPC	Do	Do

2. Precisely, the facts as emerges from the record are that the complainant, Phullan Devi, got her statement recorded under S.154 CrPC, alleging therein that on 4.5.1999, at about 7 pm, at Villag

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2019 Supreme(HP) 1185

SANDEEP SHARMAState of H. P. – AppellantVersusBaishakhi Ram – Respondent

Cases Referred (5)

SANDEEP SHARMA
State of H. P. – Appellant
Versus
Baishakhi Ram – Respondent