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2024 Supreme(HP) 96

VIRENDER SINGH
Dinesh Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Respondent:Mr. Tejasvi Sharma, Additional Advocate General.

JUDGMENT :

Virender Singh, J.

Petitioner­Dinesh Kumar has filed the present revision petition, under Section 397, read with Section 401 of the Code of Criminal Procedure (hereinafter referred to as ‘the Cr.PC’) against the order dated 13.3.2012, passed by the Court of learned Sessions Judge, Shimla, District Shimla (hereinafter referred to as the ‘appellate Court’), in Criminal Appeal No.8­S/10 of 2010, titled as Dinesh Kumar versus State of H.P.

2. Vide order dated 13.3.2012, the learned appellate Court has affirmed the judgment of conviction and order of sentence dated 22.12.2009, passed by the Court of learned Judicial Magistrate First Class, Court No.3, Shimla (hereinafter referred to as the ‘trial Court’), in Criminal Case No.62/2 of 2009, titled as State of H.P. Vs. Kulbhushan & Another.

3. Vide judgment of conviction and order of sentence dated 22.12.2009, as referred to above, learned trial Court has convicted the petitioner for the offence punishable under Section 411 IPC and sentenced to undergo simple imprisonment for a period of six months and also to pay a fine of Rs.2,000/­. In default of payment of fine, he has been directed to further undergo simple imprisonment for one

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