LAWS(SC)-2012-5-79

JOGINDER SINGH Vs. STATE OF H.P.

Decided On May 17, 2012
JOGINDER SINGH Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 14th March, 2007 of the High Court of Himachal Pradesh at Shimla in Criminal Appeal No. 241 of 2006 by which it has dismissed the appeal preferred by the appellant against the judgment and order dated 24.7.2006 passed by the Addl. Sessions, Judge, Solan convicting him under Sections 307/34 of the Indian Penal Code, 1860 (hereinafter called "IPC ") and awarding punishment of 7 years R.I. with fine.

(2.) FACTS and circumstances which rise to this case are as under:

(3.) MR . Qadri, learned Amicus Curiae has taken us through the judgments of the Courts below and the evidence. However, his contention had been that as the present appellant was having a Danda only and injuries had been caused by iron rod, he could not have been convicted for the offences punishable under Section 307 read with Section 34, IPC. He could be given lesser punishment and his conviction may be permissible only under Section 324, IPC.