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2018 Supreme(HP) 1783

VIVEK SINGH THAKUR
State Of Himachal Pradesh – Appellant
Versus
Anil Kumar – Respondent


Advocates Appeared:
Shiv Pal Manhansh, Adv., Ramita Kumari, Adv., Raju Ram Rahi, Adv., Naresh Sharma, Adv., Saneev Bhushan, Adv., Abhilasha Kaundal, Adv., Kamla Devi, Adv., Anil Kumar, Adv., Ashwani Kumar, Adv.

JUDGMENT

Vivek Singh Thakur, J. - This appeal preferred by the State of Himachal Pradesh, against acquittal of respondents No.1 & 2, stands allowed vide judgment dated 05.05.2018, passed by this Court and both the respondents have been convicted under Sections 323, 451 and 506 read with Section 34 of the Indian Penal Code. However, keeping in view the facts and circumstances of the case and the long gap between the incident and conviction of respondents, it was deemed appropriate this Court to extend benefit of Probation of Offenders Act to the respondents instead of imposing substantial sentence. Therefore, report of Probation Officer was called upon.

2. During interregnum, complainant-injured Kamla Devi, has preferred an application, i.e. Cr.MP No.887 of 2018, seeking permission to compound the matter with the respondents for the reason that the complainant and respondents are inhabitants of one and same village and as respondents in village relation are maternal grandsons of complainant and they are sons of a daughter of village, i.e. niece of complainant in relation as villagers, and now both the families are living peacefully as dispute between them stands settled completely an

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