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2021 Supreme(HP) 391

SANDEEP SHARMA
Shankar Dass – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates appeared:
N.K. Thakur, Advocate, Divya Raj Singh, Advocate, Sudhir Bhatnagar, Advocate, Desh Raj Thakur, Advocate, Narinder Thakur, Advocate

JUDGMENT

Sandeep Sharma, J. - Instant criminal revision petition lays challenge to judgment dated 29.9.2011 passed by learned Additional Sessions Judge-II, Kangra at Dharamshala, Himachal Pradesh in Crl. RBT Appeal No. 26-K/10/2007, affirming judgment of sentence and order of conviction dated 6.7.2007/7.7.2007, passed by Judicial Magistrate First Class, Kangra in Cr. Case No. 40-II/2002 titled State of Himachal Pradesh vs. Shankar Dass and others, whereby learned court below though held the petitioner accused guilty of having committed offences punishable under S.325 IPC and accordingly convicted and sentenced him to undergo one year simple imprisonment of one year and to pay fine of Rs.2,000/- and in default, to further undergo simple imprisonment for three months, but acquitted all the other accused namely Bimla Devi, Paramjeet Kaur alias Pammi, Sukhvinder Singh and Kuldep Singh.

2. Precisely, the facts of the case as emerge from the record are that FIR Ext.W-9/B dated 5.10.2004 came to be lodged on the basis of statement of Shashi Devi, PW-1, complainant, wife of the injured Satpal, recorded under S.154 CrPC, Ext. PW-1/A, that on 6.5.2001, at 6/7 pm, she alongwith her husband Satp

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