STATE OF HIMACHAL PRADESH Vs. SUSHIL KUMAR

JUDGEMENT

(1.) RESPONDENT was convicted by the learned trial Court, for the offences, under Sections 279, 337, 338 and 304 -A of the Indian Penal Code and sentenced him as under:

(2.) IN default of payment of fine amount, the respondent was further ordered to undergo simple imprisonment for a period of 7 days under Sections 337 and 338 IPC, each and for 15 days under Section 304 -A I.P.C.

(3.) NOTICE of appeal was given to the respondent. Shri R.K. Gautam, learned Senior Advocate duly assisted by Shri J.R. Poswal, learned Advocate, put in appearance for him and submitted that though the State has sought the enhancement of the sentence, yet it is still open to the respondent to plead for his acquittal. Therefore, it is urged that if the evidence of the prosecution is appreciated in the right perspective, no offence is made out against the respondent. Otherwise also, the learned Magistrate, keeping in view the facts and circumstances of the case and seeing the plight of the respondent had passed an appropriate and adequate sentence in accordance with law.