REPORTABLE-NON-REPORTABLE IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 26^th DAY OF NOVEMBER, 2021 BEFORE HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN, JUDGE &

HON’BLE MR. JUSTICE SATYEN VAIDYA, JUDGE CRIMINAL MISCELLANEOUS PETITION NO. 17/2020 IN CRIMINAL APPEAL No . 135 of 2020 BETWEEN:

STATE OF HIMACHAL PRADESH ...........APPLICANT/APPELLANT ( BY SH. ASHOK KUMAR, A.G. WITH MR. RAJINDER DOGRA, SR. ADDL. ADVOCATE GENERAL, MR VINOD THAKUR, MR. SHIV PAL MANHANS,MR. HEMANSHU MISRA, ADDL. A.GS. & MR. BHUPINDER THAKUR, DEPUTY ADVOCATE GENERAL )

AND

1. MADAN LAL, SON OF SHRI BRIJ LAL, AGED 50 YEARS.

2. VISHAL, SON OF SHRI MADAN LAL, AGED 25 YEARS.

BOTH RESIDENTS OF ADARSH NAGAR, PO PUTRIAL, TEHSIL AND P.S NADAUN, DISTRICT HAMIRPUR, H.P.

...........NON-APPLICANTS/RESPONDENTS (BY SH. SHANTI SWAROOP, ADVOCATE )

RESERVED ON: 17.11.2021 DECIDED ON: 26.11.2021 This application coming for orders this day Hon'ble Mr.

Justice Satyen Vaidya, passed the following;

ORDER

This is a Stateu appeal against the judgment of acquittal dated 02.05.2019, passed by learned Special Judge, Hamirpur in Sessions Trial No. 07 of 2018. Respondents herein were charged under Sections 376(2) D, 506 read with Section 34 of