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2019 Supreme(HP) 1726

SURESHWAR THAKUR, ANOOP CHITKARA
Karam Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Harish Sharma, Advocate.
For the Respondent:Mr. Hemant Vaid and Mr. Desh Raj Thakur, Addl. Advocate Generals with Mr. Yudhvir Singh Thakur, Deputy Advocate

JUDGMENT :

Per: Anoop Chitkara, Judge.

Hon'ble Supreme Court of India, vide its order dated 25th October 2017, has remanded this matter to this Court. The order reads as follows,

?Leave granted.

Heard learned counsel for the parties.

Learned counsel for the State points out that the main reason mentioned in the impugned order for disbelieving the testimony of the witness is that the register of the Hotel where the witness stayed had not been produced. It is also pointed out that some other reasons are also not sound.

We are of the view that approach adopted by the High Court in the impugned judgment is not sound in law. Accordingly, we set aside the impugned order and remand the matter to the High Court for fresh decision on merits in accordance with law.

The appeal is disposed of in the above terms.?

2. The matter for consideration before this Court is a criminal appeal, filed by the convict, under sections 374 of the Code of Criminal Procedure, 1973, starting now called as CrPC. The appellant is assailing the judgment of conviction dated 10th June, 2011 passed by Special Judge, Mandi, Himachal Pradesh, in Sessions Trial No. 55 of 2010, titled as State of Himachal Pradesh vs. Karam Singh,

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