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2023 Supreme(HP) 247

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


Advocate Appeared:
For the Appellant :Mr. Karan Singh Kanwar, Advocate.
For the Respondent:Mr. Anoop Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General & Mr. Rahul Thakur and Mr. Ravi Chauhan, Deputy Advocates General.

JUDGMENT :

Sandeep Sharma, J.

Instant appeal filed under S. 374 (2) CrPC lays challenge to judgment of conviction and order of sentence dated 21.12.2021/29.12.2021, passed by learned Additional Sessions Judge Sirmaur at Nahan, Himachal Pradesh in Session Trial No. 25-N/7 of 2012, whereby learned court below, while holding appellant/accused (hereinafter, ‘accused’) guilty of having committed offence punishable under Ss. 306 and 201 IPC convicted and sentenced him to undergo rigorous imprisonment for seven years and pay fine of Rs.15,000/- under S.306 IPC and in default to undergo simple imprisonment for one month under each of the sections.

2. Briefly stated the facts as emerge from the record are that prosecution on the basis of statement made by PW-5, complainant under S.154 CrPC, who happens to be father of the deceased Deepali (hereinafter, ‘deceased’), Exhibit PW-5/A, lodged FIR Exhibit PW-16/C against the accused under S.306 and 201 IPC. In nutshell, case of the prosecution, as emerges from the record is that marriage inter se accused and deceased was solemnized as per Hindu rites and customs on 17.2.2009 at Satna in Madhya Pradesh. After marriage deceased was taken to village of


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