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2022 Supreme(HP) 424

SABINA, SATYEN VAIDYA
Naresh Kumar, Son Of Shri Chaturbhuj Sharma – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Naveen K. Bhardwaj, Advocate
For the Respondent:Mr. Ashwani K. Sharma, Additional Advocate General

JUDGMENT :

Appellant has filed the appeal, challenging the judgment/order dated 17.8.2018 and 24.8.2018, whereby he was convicted and sentenced, respectively, as under:-

Sections 302 & 364 read with Section 34 of Indian Penal Code

Imprisonment for life and to pay a fine of Rs.25,000/-each.

Section 201 read with Section 34 of Indian Penal Code

Rigorous imprisonment for a term of seven years and to pay a fine of Rs.25,000/- and in default of payment of fine to further undergo imprisonment for a term of six months.

2. Prosecution story, in brief, is that on the night intervening 13.4.2013 and 14.4.2013, appellant Naresh Kumar and his co-accused Vijay Kumar, had committed murder of Rajeev Kumar and had thrown the dead body on the Kalka-Shimla Railway Track near Taksal, KM No.3/7-8. Deceased Rajeev Kumar was residing with Rajesh Kumar in a rented room in the building of Shyam Lal. Rajeev Kumar went missing on the night of 13.4.2013 from his rented premises. On 19.4.2013, Mangat Ram (father of the deceased), received a letter from Balraj Engineering Works that his s

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