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2024 Supreme(HP) 88

RAKESH KAINTHLA
Puran Lal – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mr. B.S. Chauhan, Senior Advocate with Vaibhav Thakur, Adv.
For the Respondent: Mr. R.P.Singh, Deputy Adv. General

JUDGMENT :

Rakesh Kainthla, J.

The present revision is directed against the judgment dated 26.12.2012, passed by the learned Sessions Judge, Kinnaur Sessions Division at Rampur Bushahr, vide which the appeal filed by the present petitioner (accused before the learned Trial Court) was partly dismissed and the judgment and order dated 14.05.2007, convicting the accused for the commission of an offence punishable under Section 409 of IPC and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 5000/- and in default of payment of fine to further undergo simple imprisonment for about 3 months was upheld (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 revision are that the police filed a charge sheet against the accused before the learned Trial Court for the commission of offences punishable under Sections 409 and 420 of IPC. It was asserted that an amount of Rs.1,78,000/- was awarded by the Motor Accident Claims Tribunal (MACT) in M.A.C case No. 22 of 1996, decided on 12.01.1998, in favour of Jitwar Singh Negi, Domla

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