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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIVEK SINGH THAKUR, RAKESH KAINTHLA
State of Himachal Pradesh – Appellant
Versus
Rakesh Kumar – Respondent
| Table of Content |
|---|
| 1. acquittal of accused based on lack of evidence. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. appeal challenges trial court's findings. (Para 9 , 10 , 12 , 13) |
| 3. medical evidence considered inadequate for murder charges. (Para 19 , 21 , 22 , 23 , 24) |
| 4. conviction for lesser offense based on relationship context. (Para 30 , 31) |
JUDGMENT :
Rakesh Kainthla,J.
1. The present appeal is directed against the judgment dated 16.12.2010, passed by the learned Sessions Judge Hamirpur, District Hamirpur, H.P.,(learned Trial Court), vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of an offence punishable under Section 302 of INDIAN PENAL CODE (IPC). (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 an offence punishable under Section 302 of IPC. It was asserted that the deceased-Sandesh Kumar was the brother of the accused. He, accused, his brothers and parents were residing in th
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