STATE OF HIMACHAL PRADESH Vs. PREM CHAND (DECEASED)

JUDGEMENT

(1.) The following question, referred to the Larger Bench by Single Bench of this Court vide order dtd. 11/11/2025 passed in Criminal Appeal No.220 of 2014, has been assigned by the Hon'ble the Chief Justice to this Division Bench:-

(2.) In judgment dtd. 11/5/2009 passed by learned Single Judge of this Court in Criminal Appeal No.160 of 2002 titled as 'State of H.P. vs. Sat Pal Singh @ Satta and Anr. along with connected appeal', Latest HLJ 2009 (HP) 732, it was held as under:-

(3.) The aforesaid finding has been followed in numerous judgments passed by this Court, including judgment dtd. 5/9/2024 passed by learned Single Judge, who has made present reference, in Criminal Appeal No.28 of 2012 titled as 'State of Himachal Pradesh vs. Pawan Kumar', 2024:HHC:7934.