Baldev Raj vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 200

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Baldev Raj – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates Appeared:
For the Appellant :Ms. Kiran Negi, Advocate.
For the Respondent:Mr. Rajan Kahol, Mr. Vishal Panwar, Additional Advocates General, with Mr. Ravi Chauhan, Mr. Anish Banshtu, Deputy Advocates General.
SI Inder Singh, IO, PS Palampur, present in person along with record.

JUDGMENT :

Sandeep Sharma, J.

Instant criminal appeal filed under Section 374 of the Cr.P.C. lays challenge to the judgment dated 28.03.2007 passed by learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, in Session Trial No.30/2006, and S.C. No.33-P/VII/06, whereby afore Court though acquitted the appellants-accused under Section 307 of the IPC, but sentenced them to undergo simple imprisonment for the period of two years and pay fine to the tune of Rs.10,000/- each for their having committed offence punishable under Section 325 read with Section 34 of the .

2. Precisely, the facts of the case, as emerge from the pleadings adduced on record by the respective parties are that Challan under Section 173 Cr.P.C. came to be filed against two accused namely Baldev Raj and Lekh Raj (appellants herein) under Sections 307 and 34 of IPC alleging therein that father of both the accused died in September, 2005 and his Kriya Ceremony was fixed for 28.09.2005. One Murli Ram, whose daughter had been married to the elder brother of the accused namely Atma Ram, came to the house of the accused to participate in the Kriya Ceremony on 28.09.2005, accompanied by two other persons