LAWS(HPH)-2024-1-93

HARI DASS Vs. STATE OF H. P.

Decided On January 10, 2024
HARI DASS Appellant
V/S
STATE OF H. P. Respondents

JUDGEMENT

(1.) Petitioners have filed the present revision petition, against the judgment of conviction, dtd. 1/9/2015 and order of sentence dtd. 4/9/2015, passed by the learned Additional Sessions Judge-II, Shimla, District Shimla, H.P. (hereinafter referred to as the 'First Appellate Court'), in Criminal Appeal No. RBT 218-S/10 of 14/11, titled as 'State of Himachal Pradesh vs. Hari Dass and another'.

(2.) Vide judgment of conviction and order of sentence, as referred-to-above passed by the learned Appellate Court, the learned Appellate Court has allowed the appeal filed by the State, which has been preferred against the judgment of acquittal dtd. 14/1/2011, passed by the Court of learned Judicial Magistrate First Class, Court No.4, Shimla, District Shimla, H.P. (hereinafter referred to as the 'learned trial Court') in Police Challan RBT No. 49/2 of 06/04 titled as 'State of Himachal Pradesh vs. Hari Dass and another'.

(3.) Vide judgment of conviction and order of sentence as referred-to-above, the learned Appellate Court has set aside the judgment of acquittal and convicted and sentenced petitioner Hari Dass for the offences punishable under Ss. 170, 467, 468 and 471 of the Indian Penal Code (hereinafter referred to as the 'IPC'), whereas, petitioner Prakash Chand was convicted and sentenced for the offences punishable under Ss. 467 and 468 IPC as under:-