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2022 Supreme(Online)(HP) 2371

HIGH COURT OF HIMACHAL PRADESH
MS. JUSTICE SABINA, MR. JUSTICE SATYEN VAIDYA, JJ
NARESH KUMAR – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates:
For the Appellants/Petitioners: MR. NAVEEN K. BHARDWAJ
For the Respondents:MR. ASHWANI K. SHARMA, ADDITIONAL ADVOCATE GENERAL

JUDGMENT

Appellant has filed the appeal, challenging the judgment/order dated 17.8.2018 and 24.8.2018, whereby he was convicted and sentenced, respectively, as under:-

Sections 302 & 364 read with Section 34 of Indian Penal Code

Imprisonment for life and to pay a fine of read with Section 34 Rs.25,000/-each.

Section 201 read with: Section 34 of Indian Penal Code

Rigorous imprisonment for a term of seven years and to pay a fine of Rs.25,000/- and in default of payment of fine to further undergo imprisonment for a term of six months.

2. Prosecution story, in brief, is that on the night intervening 13.4.2013 and 14.4.2013, appellant Naresh Kumar and his co-accused Vijay Kumar, had committed murder of Rajeev Kumar and had thrown the dead body on the Kalka-Shimla Railway Track near Taksal, KM No.3/7-8. Deceased Rajeev Kumar was residing with Rajesh Kumar in a rented room in the building of Shyam Lal. Rajeev Kumar went missing on the night of 13.4.2013 from his rented premises. On 19.4.2013, Mangat Ram (father of the deceased), received a letter from Balraj Engineering Works that his son was absent from duty w.e.f. 14.4.2013. Complainant made all possible efforts to search his son, but in

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