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1990 Supreme(SC) 475

K.RAMASWAMY, P.B.SAWANT
Kishorechand – Appellant
Versus
State Of H. P. – Respondent


Advocates:
A.Subhashini, IRSHAD AHMAD, K.G.Bhagat, L.R.SINGH, N.K.SHARMA, N.N.BHATTACHARYA, RAKESH LUTHRA

Judgment

K.RAMASWAMY,J.:- The appellant K. C. Sharma, along with two others was charged for the offence punishable under Ss. 302 and 201 read with S. 34 of the Indian Penal Code for causing the death and concealing the dead body of Joginder Singh. The Additional Sessions Judge, Kangra Division at Dharamsala convicted all the accused under S. 302/34 and directed them to undergo imprisonment for life and to pay a fine of Rs. 500/ - and also to the sentence of two years rigorous imprisonment and fine of Rs. 500/- the offence of S. 201 / 34, in default of payment of fine for a further period of three months rigorous imprisonment. All the sentences were directed to run concurrently. On appeal the Division Bench of the High Court of Himachal Pradesh by judgment dated July 20, 1977 acquitted accused 2 and 3 of the offence under S. 302, I.P.C. and confirmed the conviction and sentence of the appellant and set. aside the sentence of fine. The leave having been granted by this Court, this appeal has been filed.

2. The narrative of prosecution case runs thus: The deceased Joginder Singh, resident of Jogipura, Tah. Kangra on November 10, 1974, while going to Pathankot with some currency notes in
















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