PARMOD KUMAR Vs. STATE OF H P

JUDGEMENT

(1.) The appellants have challenged their conviction and sentence passed by the learned trial Court in Sessions Trial No. 4 of 2006, under Section 450, 395 and 342 of the Indian Penal Code and appellant Parmod Kumar additionally under Section 25 and 27 of the Indian Arms Act. The sentence imposed on each of the appellant by the learned trial Court is as follows :- (See Table below)

(2.) Surinder Mehto appellant, filed two appeals one Crl. Appeal No. 475 of 2007 through Jail and another Cri. Appeal No. 445 of 2007 directly through his advocate on the similar grounds. Now, all appeals titled above have been taken up together for its decision to avoid any conflicting judgment.

(3.) The synoptical resume of the facts as alleged by the prosecution is that villages Baro and Det-Sungra are the remotest villages of Tehsil Nichar. District Kinnaur, in Himachal Pradesh, P.W. 14 Smt. Gulabi Devi is a resident of village Det Sungra and P.W. 1 Gita Devi is resident of village Barot. During the intervening night 13/14-9-2005, at about 2.00 a.m. Smt. Gulabi Devi informed telephonically Police Post Nichar falling under the jurisdiction of Police Station <FRM>JUDGEMENT_2479_CRLJ_2009Html1.htm</FRM>