STATE OF HIMACHAL PRADESH Vs. SHAMSHER SINGH

JUDGEMENT

(1.) Heard Shri Raj Kumar, learned counsel for the appellant and Ms. Asha Gopalan Nair, learned counsel for the respondent.

(2.) Under challenge in this criminal appeal preferred by the State of Himachal Pradesh is the judgment and order dtd. 14/7/2014 of the High Court whereby it has reversed the judgment and order of conviction passed by the trial court and had acquitted the accused-respondent from the offence under Sec. 307 of the India Penal Code [In short 'IPC'] read with Sec. 27 of the Arms Act, 1959 but has convicted him for commission of offence under Sec. 326 IPC. The consequential order dtd. 28/7/2014, imposing punishment of the term already undergone by the accused-respondent, is also under challenge.

(3.) The accused-respondent is the sole accused who was found guilty for an offence under Sec. 307 IPC and Sec. 27 of the Arms Act, 1959. He was sentenced to undergo seven years of rigorous imprisonment under Sec. 307 with fine of Rs.20,000.00. In default of payment of fine, he was ordered to undergo simple imprisonment of one year. He was also punished for an offence under Sec. 27 of the Arms Act, 1959 with rigorous imprisonment of two years and a fine of Rs.5,000.00 and in default of payment of fine to undergo simple imprisonment of three months. Both the sentences were ordered to run concurrently.