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2021 Supreme(HP) 78

SANDEEP SHARMA
Mohinder Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocate Appeared:
For the Appellants :Mr. Vivek Singh Attri and Mr. Abhinav Purohit, Advocates.
For the Respondent:Mr. Sudhir Bhatnagar and Mr. Arvind Sharma, Additional Advocates General with Mr. Kunal Thakur, Deputy Advocate General.

JUDGMENT :

SANDEEP SHARMA, J.

1. Instant appeal filed under S.374 CrPC, lays challenge to judgment of conviction and order of sentence dated 2.3.2019, passed by learned Special Judge, Una, District Una, Himachal Pradesh in Cr. Case No. 2 of 2016, whereby, learned Court below, while holding the appellants-accused (hereinafter, ‘accused’) guilty of having committed offences punishable under Ss. 447 and 34 IPC and S.3(1)(g) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter, ‘Act’), convicted and sentenced them to undergo simple imprisonment for one month and to pay a fine of Rs. 500 /- each under Section 447 of IPC and in default of payment of fine to further undergo simple imprisonment for seven days. Besides this, accused have been convicted and sentenced to under go simple imprisonment for six months and to pay a fine of Rs. 5,000/- each for commission of offence punishable under S.3(1)(g) of the Act and in default of payment of fine to further undergo simple imprisonment for one month.

2. Facts, borne out from the record reveal that FIR No. 138 dated 19.8.2015 (Ext. PW-8/A) came to be lodged against the accused under Ss. 447 and 34 IPC

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