Basso Devi vs State of H.P. - 2025 Supreme(HP) 1289

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 1289

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Basso Devi – Appellant
Versus
State of H.P. – Respondent

Advocates Appeared:
For the Petitioner:Mr. Sanjeev Kumar Suri, Advocate.
For the Respondent:Mr. Lokender Kutlehria, Additional Advocate General.

JUDGMENT :

Rakesh Kainthla, J.

The present revision is directed against the judgment dated 28.02.2015, passed by learned Additional Sessions Judge-III, Kangra at Dharamshala, Circuit Court at Baijnath, District Kangra, H.P. (learned Appellate Court) whereby the judgment of conviction dated 26.08.2008 and order of sentence dated 27.08.2008, passed by learned Judicial Magistrate First Class, Baijnath, District Kangra, H.P. (learned Trial Court) were upheld (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 petition are that the police presented a complaint before the learned Trial Court for the commission of an offence punishable under Section 186 of the Indian Penal Code (IPC). It was asserted that informant Dalip Singh (PW-1) was handed over a warrant of attachment. He, alongwith Kusum Lata (PW-3) went to the house of Bihari Lal, judgment-debtor. At that time, Basso Devi (the present accused) was present at her residence. The informant inquired the accused about Bihari Lal, and she replied that Bihari Lal had gone to work. The informant apprised the a