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2024 Supreme(HP) 299

TARLOK SINGH CHAUHAN, SATYEN VAIDYA
Husan Chand – Appellant
Versus
Darshan Singh – Respondent


Advocates Appeared:
For the Appellant : Mr. H.S. Rana and Mr. Amrinder Singh Rana, Mr. I.N. Mehta, Sr. Addl. A.G., with Mr. Navlesh Verma and Ms. Sharmila Patial, Add. Advs.
For the Respondents: Ms. Devyani Sharma, Sr. Adv. with Mr. Basant Pal Thakur.

JUDGMENT :

Satyen Vaidya, J.

Both these appeals have been heard and are being decided together as these arise out of the same judgment of acquittal.

2. Cr. Appeal No. 35 of 2012 has been filed by the victim, whereas Cr. Appeal No. 284 of 2012 has been filed by the State.

3. The respondents have been acquitted of the charges punishable under Sections 307, 451, 506 read with Section 34 of the IPC by the learned Sessions Judge, Solan, Camp at Nalagarh, District Solan, H.P., vide judgment dated 19.11.2011 passed in Session Trial No. 6­ NL/7 of 2010.

4. Brief facts of the case are that Husan Chand, appellant in Cr. Appeal No. 35 of 2012, was a liquor licencee, having one of the vends at village Karsauli in District Solan. The Karsauli vend was being run in a tenanted premises owned by respondent No.1 Darshan Singh.

5. On 31.03.2009, an FIR was registered at Police Station Nalagarh, at about 9.00 P.M. The FIR was based on a statement Ex.PW1/A of Gurdeep Singh (PW­1) recorded under Section 154 of the Cr.P.C. It was alleged that on 31.03.2009, the complainant (PW­1) was present in the liquor vend Karsauli along with the licencee Husan Chand (PW­2), salesmen namely Gurdhian Singh (PW­3) and A

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