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2021 Supreme(HP) 596

SANDEEP SHARMA
Desh Raj, Son of SH. Relu Ram – Appellant
Versus
State oF H. P. – Respondent


Advocates:
Advocate Appeared
For the Appellant :MR. Vijay Verma, Advocate
For the Respondent: Sudhir Bhatnagar AND MR. Desh Raj, Additional MR. Narinder Thakur AND MR. Gaurav Sharma Adv.

ORDER :

1. Instant Criminal Revision Petition filed under Section 397 read with Section 401 of Cr.P.C, lays challenge to judgment dated 03.03.2012, passed by learned Additional Sessions Judge, Mandi, District Mandi, H.P., in Criminal Appeal No.31 of 2010, titled Desh Raj vs. State of H.P., affirming the judgment of conviction and order of sentence dated 23.03.2010, passed by learned Judicial Magistrate, 1st Class, Sarkaghat, District Mandi, H.P. in Police Challan No. 157-II/2002, whereby learned court below while holding the petitioner/accused (hereinafter referred to as ‘accused’) guilty of having committed offence punishable under Section 332 of IPC, convicted and sentenced him to undergo one year rigorous imprisonment and pay fine of Rs.2000/- and in default of payment of fine, to further undergo two months simple imprisonment.

2. Precisely, the facts as emerge from the record are that PW-1, complainant Bir Singh, lodged a written complaint to Naib Tehsildar Ext. PW-1/A, which was sent to Police Station and thereupon FIR Ext.PW-7/A, was registered against the accused under Section 332 of IPC, alleging therein that while he was posted as Patwari in Patwar Circle, Bharori and was di

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