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2024 Supreme(HP) 423

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Vivek Singh Thakur, Rakesh Kainthla
Gurdev Singh @ Debu – Appellant
Versus
State of H.P. – Respondent


Advocate Appeared:
For the Appellants :Mr. Ajay Kochhar, Senior Advocate, with Mr. Vivek Sharma, Advocate, Mr. H.S. Rana, Ms. Rajvinder Sandhu and Mr. Amrinder Singh Rana, Advocates Ms. Sheetal Vyas, Advocate Mr. Adarsh K. Vashista, Advocate
For the Respondent/State:Ms. Seema Sharma, Deputy Advocate General.

JUDGMENT :

Rakesh Kainthla, J.

1. The present appeal is directed against the judgment and order dated 16.9.2016, passed by learned Additional Sessions Judge-I, Solan, District Solan, H.P. vide which the appellants (accused persons before the learned Trial Court) were convicted and sentenced as under:-

Under Section 302 of IPCTo suffer imprisonment for life and to pay a fine of Rs.25,000/- each and in default of payment of fine, to undergo imprisonment for two years each.
Under Section 25 of the Arms Act read with Section 34 of IPC.To suffer rigorous imprisonment for four years and to pay a fine of Rs.5,000/- each and in default of payment of the fine, to undergo simple imprisonment for six months each.
Under Section 27 of the Arms Act read with Section 34 of IPC.To suffer rigorous imprisonment for three years and to pay a fine of Rs.5,000/- each and in default of payment of the fine, to undergo simple imprisonment for six months each.

(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 appeals are that the police presented a challan against the accused per

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