STATE OF HIMACHAL PRADESH Vs. RAKESH ALIAS NISHU

JUDGEMENT

(1.) Present appeal stands filed by the State, under the provisions of Section 377 of the Code of Criminal Procedure, for enhancement of sentence, against the judgment dated 25.3.2016/26.3.2016, passed by Sessions Judge, Kullu, District Kullu, Himachal Pradesh, in Sessions Trial No.17 of 2010 (1 of 2013), titled as State v. Rakesh and others, whereby convict-respondent Rakesh alias Nishu stands convicted for having committed an offence, punishable under Section 307 of the Indian Penal Code and sentenced to undergo imprisonment for a period already undergone (eighty four days) and pay fine of Rs. 25,000/- and in default thereof to further undergo rigorous imprisonment for a period of one year. The amount of fine has been ordered to be paid to the injured as compensation.

(2.) State is aggrieved of the fact that the trial Court, by taking a lenient view has passed an order of inadequate sentence.

(3.) It is a matter of record that no appeal against the judgment of acquittal of co-accused, or for that matter acquittal of convict Rakesh Kumar in relation to offences, punishable under the provisions of Sections 323 & 506 read with Sections 147 and 149 of the Indian Penal Code, stands filed by the State.