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2024 Supreme(HP) 55

VIVEK SINGH THAKUR, RAKESH KAINTHLA
Surinder Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Ram Murti Bisht, Advocate.
For the Respondent: Mr Pawan Kumar Nadda

The present appeal is directed against the judgment and order dated 27.10.2018, vide which the appellant (accused before the learned Trial Court) was convicted for the commission of offences punishable under Sections 302 , 201 and 309 of the INDIAN PENAL CODE (IPC) and he was sentenced as under:-

Sr.No.

Sections under which the conviction was recorded

Sentence imposed

1.

Section 302 of IPC

Life imprisonment and pay a fine of Rs.1,00,000/- and in default of payment of the fine, to further undergo simple imprisonment for two years.

2.

Section 201 of IPC

Rigorous imprisonment for three years and pay a fine of Rs.5000/- and in default of payment of the fine, to further undergo simple imprisonment for three months

3.

Section 309 of IPC

Simple imprisonment for one year and pay a fine of Rs.1000/- and in default of payment of the fine, to further undergo simple imprisonment for one month.

(Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present appeal are that the police presented a challan against the accused before the learned Trial Court for the commission of offen

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