Himachal Pradesh Court April 1979 Judgments

Roop Kishore and anr. Vs. State

Court: Himachal Pradesh

Reported in: 1979CriLJ1176

H.S. Thakur, J.1. The learned Additional Sessions Judge, Kangra Session Division, at Dharamsala has convicted the appellants for the offences under Sections 307/34, 451/34, 398/34 and 323/34 I.P.C. and has sentenced them for the said offences. Aggrieved by the said order and judgment of the learned Additional Sessions Judge, they have preferred this appeal to this Court.2. Briefly, the facts of the case are that on the evening of 31st May, 1978 at about 7 or 7.30 P. M. Shri Lachhman Dass complainant (PW 3) and Anil Kumar (PW. 1) were sitting in their shop in village Chamrara, when the appellant Rup Kishore and another person who was standing at some distance, demanded a bundle of Biri and Anil Kumar handed over the same and received Us price. It is stated that at that time the sun was setting and there was sufficient light. Thereafter, Anil Kumar is stated to have gone to take his meal and the 4 accused persons headed by Rup Kishore appellant again came to the shop premises. At that ti...