KISHORECHAND Vs. STATE OF HIMACHAL PRADESH
LAWS(SC)-1990-8-33
SUPREME COURT OF INDIA (FROM: HIMACHAL PRADESH)
Decided on August 29,1990

KISHORECHAND Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents


Cited Judgements :-

AJAY @ BHATIYA GUPTA VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-5-188] [REFERRED TO]
VEERENDRADAS BAIRAGI VS. SHREEKANT BAIRAGI [LAWS(MPH)-2019-5-227] [REFERRED TO]
GOVINDARAJU VS. STATE OF KARNATAKA [LAWS(KAR)-2020-12-228] [REFERRED TO]
BAL BAHADUR VS. CUSTOMS AIR CUSTOMS OFFICER IGI AIRPORT [LAWS(DLH)-2009-4-210] [REFERRED TO]
SHIV KUMAR YADAV VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-4-95] [REFERRED TO]
VIRENDER KUMAR YADAV AND MUKHTIAR YADAV AND MUKHO YADAV ALIAS RAJU VS. STATE [LAWS(DLH)-1995-8-30] [REFERRED TO]
RAVEENDRAN VS. STATE OF KERALA [LAWS(KER)-1993-10-26] [REFERRED TO]
GOPAL MAJHI AND THREE ORS VS. STATE OF WEST BENGAL [LAWS(CAL)-1991-4-6] [REFERRED TO]
GHANSHYAM @ GANIYO DAYALDAS PITHANI SINDHI VS. STATE OF GUJARAT [LAWS(GJH)-2008-12-239] [REFERRED TO]
ASHOK DHONDIRAM DHAVALE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-4-14] [REFERRED TO]
SANJAY DUTTA VS. STATE OF J&K [LAWS(J&K)-1998-4-22] [REFERRED TO]
STATE OF J&K VS. HASSAN RATHER [LAWS(J&K)-1999-10-22] [REFERRED TO]
SAMEER (SAMIR) BOTUKRUSHNA (BOTUKRISHNA) DAS VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2015-8-218] [REFERRED TO]
PARDESHI PAHARIYA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2012-4-87] [REFERRED TO]
SAVITRI BAI VS. STATE OF M.P. [LAWS(CHH)-2015-2-28] [REFERRED TO]
CHHANDU URANV VS. STATE OF C.G. [LAWS(CHH)-2013-8-41] [REFERRED TO]
BABULAL VS. STATE OF C.G. [LAWS(CHH)-2013-9-36] [REFERRED TO]
PRAKASH VS. STATE OF KARNATAKA [LAWS(SC)-2014-4-38] [REFERRED TO]
RAM SINGH VS. SONIA [LAWS(SC)-2007-2-170] [REFERRED TO]
GAGAN KANOJIA VS. STATE OF PUNJAB [LAWS(SC)-2006-11-141] [REFERRED TO]
STATE OF GUJARAT VS. MANJUBEN [LAWS(GJH)-2019-3-50] [REFERRED TO]
Shyamprasad Bekal VS. State of Karnataka [LAWS(KAR)-2011-3-105] [REFERRED TO]
VENUGOPAL VS. STATE OF KERALA [LAWS(KER)-2021-2-39] [REFERRED TO]
DHABALESWAR GOUDA VS. STATE OF ODISHA [LAWS(ORI)-2022-9-5] [REFERRED TO]
ALIFUDDIN VS. STATE OF ASSAM [LAWS(GAU)-2011-3-60] [REFERRED TO]
KHEM SINGH VS. THE STATE OF H.P. [LAWS(HPH)-1992-6-10] [REFERRED TO]
STATE (NCT OF DELHI) VS. VISHNU SHARMA AND ORS. [LAWS(DLH)-2011-3-425] [REFERRED TO]
BABLU TIWARI VS. STATE OF NCT OF DELHI [LAWS(DLH)-2022-4-268] [REFERRED TO]
SHENUKUMAR VS. STATE OF KERALA [LAWS(KER)-2015-9-156] [REFERRED TO]
SALIM VS. STATE OF KERALA [LAWS(KER)-2012-2-15] [REFERRED TO]
SAIYAD ABID AND OTHERS VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-7-16] [REFERRED TO]
AFTAB KHAN VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2018-3-380] [REFERRED TO]
SHEMPHANG RANI VS. STATE OF MEGHALAYA [LAWS(MEGH)-2014-12-12] [REFERRED TO]
STATE OF WEST BENGAL VS. LAXMIKANTA KARMAKAR [LAWS(CAL)-2015-6-73] [REFERRED TO]
AYUSH VS. STATE OF MAHARASHTRA [LAWS(BOM)-2015-6-351] [REFERRED TO]
STATE VS. C RONALD [LAWS(CAL)-2004-10-21] [REFERRED TO]
RATAN RUIDAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2008-5-83] [REFERRED TO]
STATE OF M P VS. SETAARAM [LAWS(CHH)-2009-6-10] [REFERRED TO]
TOWARAM YADAV, S/O RAMA YADAV VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-9-33] [REFERRED TO]
AHTESHAMUDIN ALIAS BHURIYO NAZIMUDIN KAZI & 2 VS. STATE OF GUJARAT [LAWS(GJH)-2015-10-320] [REFERRED]
SURAJ HARISINGH BAHADUR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2020-8-163] [REFERRED TO]
MADAN VS. STATE OF M P [LAWS(MPH)-2013-10-124] [REFERRED TO]
NIRANJAN SHIL VS. STATE OF TRIPURA [LAWS(GAU)-1999-9-17] [REFERRED TO]
NASIR AHMED VS. STATE OF ASSAM [LAWS(GAU)-1996-6-42] [REFERRED TO]
KAMAL SHAH VS. STATE, REP. BY INSPECTOR OF POLICE, GRAND BAZAAR POLICE STATION, PONDICHEERY [LAWS(MAD)-2001-4-143] [REFERRED TO]
PANCHAVAMAM VS. STATE OF TAMIL NADU [LAWS(MAD)-1995-2-95] [REFERRED TO]
DEVARLA MURALI VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2020-7-51] [REFERRED TO]
DINESHBHAI DHEMENRAI VS. STATE OF GUJARAT [LAWS(GJH)-2000-7-60] [REFERRED]
KANNAN VS. STATE OF KERALA [LAWS(KER)-2021-8-26] [REFERRED TO]
SONAM ZANGPO BHUTIA VS. STATE OF SIKKIM [LAWS(SIK)-2005-3-1] [REFERRED TO]
AMOS THAMONG VS. STATE OF A.P. [LAWS(TLNG)-2019-3-212] [REFERRED TO]
SHARIFULLA VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-7-86] [REFERRED TO]
GHASIRAM LAKRA VS. STATE OF ORISSA [LAWS(ORI)-1996-9-40] [REFERRED TO]
CHANDAN CHAUDHRY VS. STATE OF BIHAR [LAWS(PAT)-2019-10-73] [REFERRED TO]
BUTA SINGH AND OTHERS VS. STATE OF PUNJAB [LAWS(P&H)-2018-12-39] [REFERRED TO]
TEKULAPALLI KONDAL VS. STATE OF A P [LAWS(TLNG)-2019-2-14] [REFERRED TO]
STATE OF RAJASTHAN VS. HAKAM SINGH [LAWS(SC)-2011-6-25] [REFERRED TO]
JAGROOP SINGH VS. STATE OF PUNJAB [LAWS(SC)-2012-7-42] [REFERRED TO]
RAJASEKARAN AND ORS. VS. STATE BY INSPECTOR OF POLICE [LAWS(MAD)-2001-3-140] [REFERRED TO]
KAMALA VS. STATE [LAWS(MAD)-2006-8-241] [REFERRED TO]
ARJUN DEBNATH VS. STATE OF TRIPURA [LAWS(GAU)-2012-9-63] [REFERRED TO]
TOKALA BABU VS. STATE OF A P [LAWS(APH)-2004-9-90] [REFERRED TO]
SRI GOPAL SAHA AND 8 ORS. VS. STATE OF ASSAM [LAWS(GAU)-2020-2-152] [REFERRED TO]
T.LAXMI VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2018-8-87] [REFERRED TO]
GANDHAM SETTY PRASAD VS. STATE OF A.P. [LAWS(APH)-2019-1-9] [REFERRED TO]
SHAMBHU RAM; MUNNA DIWAN @ BHUWAN DIWAN; ANAWAT RAM VS. STATE OF BIHAR [LAWS(PAT)-2004-5-75] [REFERRED]
P SHEKHAR VS. STATE [LAWS(DLH)-2011-10-283] [REFERRED]
ASRA BANO VS. STATE [LAWS(DLH)-2009-7-360] [REFERRED TO]
STATE VS. NIKHIL @ RAHUL [LAWS(DLH)-2009-11-223] [REFERRED TO]
ABDUL KADAR @ A.K. KHAN JANMAHMAD SINDHI PATHAN VS. STATE OF GUJARAT [LAWS(GJH)-2015-11-26] [REFERRED TO]
SUNIL DAMODHAR GAIKWAD VS. STATE OF MAHARASHTRA [LAWS(BOM)-2009-10-94] [REFERRED TO]
CHAMARU RAM VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-7-39] [REFERRED TO]
BRIJPAL @ BIRJU VS. STATE [LAWS(DLH)-2011-3-291] [REFERRED TO]
ANIL KUMAR VS. STATE [LAWS(DLH)-2011-3-15] [REFERRED TO]
DILIP KUMAR DEY VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-3-111] [REFERRED TO]
RAKESH KUMAR VS. STATE [LAWS(DLH)-2016-2-215] [REFERRED TO]
MOHD JAMAL VS. STATE [LAWS(DLH)-2018-2-544] [REFERRED TO]
STATE OF MADHYA PRADESH VS. DASHRATH PRASAD [LAWS(MPH)-2003-1-94] [REFERRED TO]
KRISHNA ALIAS CHANDRAKANTH VS. STATE [LAWS(KER)-2012-4-198] [REFERRED TO]
Amar Singh VS. State of Himachal Pradesh [LAWS(HPH)-2000-10-1] [REFERRED TO]
RAJ MOHAMMAD GULZAR ALI VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-1994-3-13] [REFERRED TO]
MADHAVAN VS. STATE [LAWS(DLH)-2011-10-3] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SUKHJEET ALIAS SUKHA SON OF AJIT SINGH [LAWS(HPH)-2012-3-75] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. SH. GURCHARAN SINGH [LAWS(HPH)-2012-3-79] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. RAMESH KUMAR [LAWS(HPH)-2011-8-82] [REFERRED TO]
WAKAR CHAUDHARY VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2016-10-26] [REFERRED]
RAI SINGH VS. STATE [LAWS(DLH)-1996-3-18] [REFERRED TO]
VIMAL SINGH AND OTHERS VS. UNION OF INDIA [LAWS(BOM)-2006-3-234] [REFERRED TO]
KANU RANCHHOD TALPADA VAGHARI VS. STATE OF GUJARAT [LAWS(GJH)-2007-8-324] [REFERRED]
KESHAB MONDAL VS. STATE [LAWS(CAL)-2000-7-57] [REFERRED]
UMESH JAGNU SARJARE VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2015-7-380] [REFERRED TO]
STATE OF MADHYA PRADESH VS. IRFAN [LAWS(MPH)-2021-9-13] [REFERRED TO]
GAURAV PANDEY VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2022-7-14] [REFERRED TO]
STATE OF A P VS. E SATYANARAYANA [LAWS(SC)-2009-3-168] [REFERRED TO]
KAILASH CHANDRA VS. STATE OF M P [LAWS(SC)-2007-12-120] [REFERRED TO]
STATE OF A.P. VS. E. SATYANARAYANA [LAWS(SC)-2009-4-296] [REFERRED TO]
JUGLA ALIAS RAMDAS VS. STATE OF M P [LAWS(MPH)-1999-11-2] [REFERRED TO]
MRINAL KANTIDAS VS. STATE OF RAJASTHAN [LAWS(RAJ)-2001-7-84] [REFERRED TO]
ANIL VS. STATE OF UTTARAKHAND [LAWS(UTN)-2017-7-164] [REFERRED TO]
SHAMBHU RAM ALIASBIHWENDIWAN VS. STATE OF BIHAR [LAWS(PAT)-2004-5-48] [REFERRED TO]
STATE OF GUJARAT VS. ASHULAL NANJI BISNOL [LAWS(GJH)-2001-11-4] [REFERRED]
AFGHAN SHA ALIKHAN VS. STATE OF AP [LAWS(APH)-2020-7-29] [REFERRED TO]
KARNAIL SINGH AND ORS. VS. STATE OF J&K AND ORS. [LAWS(J&K)-2015-12-3] [REFERRED TO]
DABE CHANDEGURIA VS. STATE OF ASSAM [LAWS(GAU)-1996-3-29] [REFERRED TO]
QAIYUM MIAN VS. STATE OF BIHAR [LAWS(PAT)-1992-4-3] [REFERRED TO]
JEETU @ GHUGGA AND OTHERS VS. STATE OF PUNJAB [LAWS(P&H)-2018-12-47] [REFERRED TO]
FIROZ RAJPUT VS. STATE OF ASSAM [LAWS(GAU)-2012-3-7] [REFERRED TO]
PREM SURIN VS. STATE OF JHARKHAND [LAWS(JHAR)-2017-4-105] [REFERRED TO]
THOGARLA NAGESH VS. STATE OF TELANGANA [LAWS(TLNG)-2019-3-223] [REFERRED TO]
KRISHNA MOCHI VS. STATE OF BIHAR [LAWS(SC)-2002-4-60] [REFERRED]
State of Rajasthan VS. Kirti Bhargava [LAWS(RAJ)-1998-3-66] [REFERRED TO]
HAKAM SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2005-12-10] [REFERRED TO]
STATE OF H P VS. DIWANA [LAWS(HPH)-1994-6-6] [REFERRED TO]
STATE OF H.P. VS. FATEH MOHAMMED ALIAS FATTA ALIAS NOOR MAHI [LAWS(HPH)-1991-9-3] [REFERRED TO]
KHEM SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-1992-6-2] [REFERRED TO]
ANDREW JOHN VS. STATE OF H P [LAWS(HPH)-1994-12-2] [REFERRED TO]
DEEPAK BAHADUR SON OF KARAN BAHADUR VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2012-10-129] [REFERRED]
MANAS PRADHAN VS. STATE OF ODISHA [LAWS(ORI)-2022-8-44] [REFERRED TO]
LAL BABU SAH VS. STATE OF BIHAR [LAWS(PAT)-2000-4-25] [REFERRED TO]
VINOD KUMAR SAHU VS. STATE OF M.P. (NOW CHHATTISGARH) [LAWS(CHH)-2015-12-33] [REFERRED TO]
STATE OF MAHARASHTRA VS. VASANTA SAMPAT DUPARE [LAWS(BOM)-2011-3-244] [REFERRED TO]
DEORAJ GOALA VS. STATE OF ASSAM [LAWS(GAU)-2010-9-38] [REFERRED TO]
DINESH BULAKHI HARIJAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-8-41] [REFERRED TO]
BARKU BHAVRAO BHASKAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2006-2-26] [REFERRED TO]
SATYAWAN PAGI VS. UNION OF INDIA [LAWS(BOM)-2006-3-111] [REFERRED TO]
SHIV KUMAR YADAV VS. STATE [LAWS(DLH)-2015-3-15] [REFERRED TO]
JAMES ALIAS CHACKO VS. STATE OF KERALA [LAWS(KER)-1994-3-32] [REFERRED TO]
STATE VS. MOHAMMAD AFZAL [LAWS(DLH)-2003-10-19] [REFERRED]
SRISTIDHAR ROY ALIAS BHOMBAL ALIAS HAMBUL VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-3-75] [REFERRED TO]
TURNER MORRISON AND COMPANY LIMITED VS. K N TAPURIA [LAWS(BOM)-1993-2-28] [REFERRED TO]
RAM LAL VS. STATE OF JAMMU AND KASHMIR [LAWS(J&K)-1996-5-7] [REFERRED TO]
MOHAN VS. STATE OF M P [LAWS(MPH)-2004-2-13] [REFERRED TO]
N. MURALIDHARAN NAIR VS. STATE OF DELHI [LAWS(DLH)-2009-4-270] [REFERRED TO]
SHAHBUDDIN VS. STATE NATIONAL CAPITAL TERRITORY OF DELHI [LAWS(DLH)-2001-12-6] [REFERRED]
MADHUKAR SIDRAM YAMGAR ALIAS PATIL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2005-9-145] [REFERRED TO]
PHOOLSAI VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1997-4-27] [REFERRED]
PUBLIC PROSECUTOR HIGH COURT OF A P HYDERABAD VS. SHAIK KHADAR BASHA [LAWS(APH)-2002-2-35] [REFERRED TO]
GEORGE PETER VS. STATE OF A P [LAWS(APH)-2004-8-140] [REFFERED TO . (PARA 13) 6.]
Ajit Singh VS. State of M.P. [LAWS(MPH)-2002-10-95] [REFERRED TO]
VIKAS VS. STATE (NCT OF DELHI) [LAWS(DLH)-2022-7-88] [REFERRED TO]
STATE OF DELHI VS. RAMESH CHAND VERMA [LAWS(DLH)-2006-8-90] [RELIED ON]
DIWAN CHAND ALIAS CHHOTU VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2013-11-78] [REFERRED TO]
KARTAR SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2013-8-54] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. GULAM HUSSAIN [LAWS(HPH)-1994-11-3] [REFERRED TO]
SUBBASH CHAND VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-1994-6-10] [REFERRED TO]
BHAGAT RAM VS. STATE OF H.P. [LAWS(HPH)-1995-1-12] [REFERRED TO]
STATE VS. MUKESH KUMAR [LAWS(DLH)-2013-11-160] [REFERRED TO]
DURGAWATI RAMKARAN MORYA AND ORS. VS. THE STATE OF MAHARASHTRA [LAWS(BOM)-2015-2-269] [REFERRED TO]
YERGUNTHA SUDARSHAN RAO VS. STATE OF MAHARASHTRA [LAWS(BOM)-1993-6-63] [REFERRED TO]
VIJAY KERKATTA VS. STATE OF GOA [LAWS(BOM)-2021-3-111] [REFERRED TO]
FAROOQ ALIAS ASHISH HABIB PARMAR VS. STATE OF GUJARAT [LAWS(GJH)-2008-10-5] [REFERRED TO]
VIJAY KUMAR VS. STATE OF CHHATTISGARH [LAWS(CHH)-2012-4-81] [REFERRED TO]
MANMOHAN VS. STATE OF M.P. (NOW C.G.) [LAWS(CHH)-2012-8-67] [REFERRED TO]
KUMAR ALIAS PUSHPAKUMAR VS. STATE REPRESENTED BY INSPECTOR OF POLICE [LAWS(MAD)-2017-9-99] [REFERRED TO]
NAND KISHORE SINGH VS. STATE OF BIHAR [LAWS(PAT)-1991-3-11] [REFERRED TO]
RAJA RAM VS. STATE OF UTTARAKHAND [LAWS(UTN)-2017-10-7] [REFERRED TO]
HANIF VS. STATE OF RAJASTHAN [LAWS(RAJ)-2005-9-40] [REFERRED TO]
HARKESH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2003-7-74] [REFERRED TO]
NARENDRA BHAT VS. STATE [LAWS(KAR)-2007-12-39] [REFERRED TO]
STATE OF HARYANA VS. REWA SINGH [LAWS(P&H)-2002-10-129] [REFERRED TO]
MANGAL HEMBROM VS. STATE OF BIHAR [LAWS(JHAR)-2013-2-75] [REFERRED TO]
TADON TATIK VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-1997-6-24] [REFERRED TO]
STATE OF GUJARAT VS. ASHULAL NANJI BISNOL [LAWS(GJH)-2001-10-55] [RELIED UPON]
RAM LAL VS. STATE [LAWS(J&K)-1993-2-5] [RELIED ON]
STATE OF JAMMU AND KASHMIR VS. MOHAMMAD AMIN [LAWS(J&K)-1998-2-7] [REFERRED TO]
JAMAT ALI SHEIKH ALIAS MONDAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-1-45] [REFERRED TO]
NAZIMUDDIN FAKRUDDIN KAZI VS. STATE OF GUJARAT [LAWS(GJH)-2015-12-64] [REFERRED TO]
REFERRING OFFICER THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE VS. BONDA VENKATA REDDY alias GANAPATHIREDDY alias CHIRANJEEVI [LAWS(APH)-1998-2-70] [REFERRED TO]
MAHESHWAR LAL JATWAR VS. STATE OF CHHATTISGARH [LAWS(CHH)-2017-9-24] [REFERRED TO]
VIJAY BAHADUR GAUR VS. STATE OF U.P. [LAWS(ALL)-2014-2-228] [REFERRED TO]
SUDEB CHOWDHURY VS. STATE OF WEST BENGAL [LAWS(CAL)-2013-10-61] [REFERRED TO]
DABLU MAL VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2015-11-9] [REFERRED TO]
PRABHAT BORA VS. STATE OF ASSAM [LAWS(GAU)-2002-9-9] [REFERRED TO]
KARNAIL SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-1994-4-14] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. HARI RAM [LAWS(HPH)-2014-8-72] [REFERRED TO]
STATE OF MAHARASHTRA COMPLAINANT VS. DNYANESHWAR SURESH BORKAR [LAWS(BOM)-2006-5-27] [REFERRED TO]
SUNIL DEBBARMA VS. STATE OF TRIPURA [LAWS(TRIP)-2022-1-16] [REFERRED TO]
ALAGAR alias VALARTHA ALAGAR VS. STATE [LAWS(MAD)-2009-8-562] [REFERRED TO]
NEERAJ VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2014-5-218] [REFERRED TO]
PATAN ROWF KHAN VS. STATE OF A. P. [LAWS(APH)-2020-5-68] [REFERRED TO]
STATE OF GUJARAT VS. SATISH ALIAS KALU ALIAS HATHODA BHIKHABHAI PATEL [LAWS(GJH)-2006-2-1] [REFERRED TO]
STATE OF GUJARAT VS. KISHANBHAI S O VELABHAI VANABHAI MARWADI [LAWS(GJH)-2005-8-75] [REFERRED TO]
DASARA MUNDA VS. STATE OF ORISSA [LAWS(ORI)-2017-9-118] [REFERRED TO]
STATE OF HIMACHAL PRADESH VS. FATEH MOHAMMED FATTA [LAWS(HPH)-1991-8-3] [REFERRED TO]
KARAMJIT SINGH VS. STATE OF HIMACHAL PRADESH [LAWS(HPH)-2014-12-24] [REFERRED TO]
NASIB CHAND VS. STATE OF H.P. [LAWS(HPH)-2015-4-34] [REFERRED TO]
STATE VS. NIKHIL ALIAS RAHUL [LAWS(DLH)-2009-11-160] [REFERRED TO]
CHINNADURAI VS. STATE [LAWS(MAD)-2001-2-87] [REFERRED TO]
Anil Kumar Tiwary @ Anil Tiwary VS. State of Jharkhand [LAWS(JHAR)-2013-2-133] [REFERRED TO]
DOBO CHANDOGURIA VS. STATE OF ASSAM [LAWS(GAU)-1995-3-30] [REFERRED TO]
THINGHAIJAMC ALIAS THANGJAM IBOTOMBISINGH VS. STATE OF MANIPUR [LAWS(GAU)-2005-5-38] [REFERRED TO]
STATE OF ARUNACHAL PRADESH VS. BHAGWAN NATH [LAWS(GAU)-1996-2-16] [REFERRED TO]
NGULA SAIRIAM ALIAS MULA VS. STATE OF ASSAM [LAWS(GAU)-2001-9-16] [REFERRED TO]
ARUN CH NATH VS. STATE OF ASSAM [LAWS(GAU)-2006-1-10] [REFERRED TO]
SIVAN PILLAI VS. STATE OF KERALA [LAWS(KER)-2012-3-2] [REFERRED TO]
ARUN DEBNATH VS. STATE OF WEST BENGAL [LAWS(CAL)-2007-9-44] [REFERRED TO]
STATE VS. SURENDER SINGH [LAWS(DLH)-2014-4-296] [REFERRED TO]
JANRAO KHUSHALRAO BHUTE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2010-3-65] [REFERRED TO]
RADHEY SHYAM VS. STATE [LAWS(DLH)-2013-11-69] [REFERRED TO]
UMESH JAGNU SARJARE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2015-11-21] [REFERRED TO]
ANIL KALLAPPA PARSHETTY VS. STATE OF MAHARASHTRA [LAWS(BOM)-2012-12-160] [REFERRED TO]
THIRUCHANUR AMARANATH VS. STATE OF A.P. [LAWS(APH)-2020-5-55] [REFERRED TO]
RAJAN JOHNSANBHAI CHRISTY VS. STATE OF GUJARAT [LAWS(GJH)-1997-1-4] [REFERRED TO]
KOKI PRABHAKAR REDDY VS. STATE OF A P [LAWS(APH)-2006-8-97] [REFERRED TO]
ABDUL RAZACK VS. STATE OF KERALA [LAWS(KER)-2009-8-97] [REFERRED TO]
OMANAKUTTAN @ KEERIKKADAN VS. STATE [LAWS(KER)-2009-10-105] [REFERRED TO]
JETHU PAHARIA VS. STATE OF BIHAR [LAWS(PAT)-2000-4-129] [REFERRED]
NAGARAJAN VS. STATE [LAWS(MAD)-2008-3-145] [REFERRED TO]
GURA SINGH VS. STATE OF RAJASTHAN [LAWS(SC)-2000-12-91] [REFERRED]
SHOBHAU ALIAS SHUBHAU VS. STATE OF MADHYA PRADESH [LAWS(MPH)-1997-4-28] [REFERRED]
AG VS. SHIV KUMAR YADAV [LAWS(SC)-2015-9-30] [REFERRED TO]
STATE OF HARYANA VS. PUSHPA [LAWS(P&H)-2020-2-176] [REFERRED TO]
NAND KISHORE SINGH VS. STATE OF BIHAR [LAWS(PAT)-1991-3-21] [REFERRED TO]
BUDDHA TAMANG AND FOUR VS. STATE OF SIKKIM [LAWS(SIK)-2008-7-1] [REFERRED]


JUDGEMENT

K.Ramaswamy, J. - (1.)The appellant K. C. Sharma, along with two others was charged for the offence punishable under Ss. 302 and 201 read with S. 34 of the Indian Penal Code for causing the death and concealing the dead body of Joginder Singh. The Additional Sessions Judge, Kangra Division at Dharamsala convicted all the accused under S. 302/34 and directed them to undergo imprisonment for life and to pay a fine of Rs. 500/ - and also to the sentence of two years rigorous imprisonment and fine of Rs. 500/- the offence of S. 201 / 34, in default of payment of fine for a further period of three months rigorous imprisonment. All the sentences were directed to run concurrently. On appeal the Division Bench of the High Court of Himachal Pradesh by judgment dated July 20, 1977 acquitted accused 2 and 3 of the offence under S. 302, I.P.C. and confirmed the conviction and sentence of the appellant and set. aside the sentence of fine. The leave having been granted by this Court, this appeal has been filed.
(2.)The narrative of prosecution case runs thus:The deceased Joginder Singh, resident of Jogipura, Tah. Kangra on November 10, 1974, while going to Pathankot with some currency notes in his possession went on his way to Jassur village to meet his friend one Bala Pahalwan. On enquiry the latter was said to be absent from the village. The deceased came in contact with the appellant and both went to the Dhaba of P.W. 7, Joginder Singh Paul to have some drink, but P.W. 7 did not allow them to take liquor inside the Dhaba. Both of them sat in the back side of the Dhaba to have drink. P.W. 8 Tamil Singh and one Jai Onkar were also invited to have drink with them. All of them together consumed the liquor and ate meat. The deceased paid the price of the liquor and meat and when he had become tipsy, P.W. 8 suggested to take the deceased to Pathankot or to keep him at Dhaba Beli whereat he could make necessary arrangements for their stay but the appellant insisted upon taking the deceased to Kangra. Thereafter the appellant and the deceased boarded the Truck No. HPK 4179 driven by A.2, Madho Ram, Driver and A.3,Bihari Lal, Cleaner. P.W. 8 and the other left the place. The truck was loaded with the bricks and the appellant and the deceased sat on the bricks in the body of the truck and went towards Kangra side. P.W. 12, the Octroi Clerk at Nurpur states that the truck driven by A.2 went towards Baijnath. P.W. 13, Burfiram, Chowkidar at Ichhi Marketing Co-op. Society spoke that he saw the truck driven by A.2 and A.3 and got unloaded the bricks at the godown of the said Society at about midnight but the deceased was not seen there. It is further the case of the prosecution that while the deceased or accused were going in the truck, there ensued a quarrel between them over some money matter and the appellant took iron-screw driver and gave blows on the head and face of the deceased. Consequently the deceased was half dead. He was thrown out of the truck but finding him not dead put him in the truck and all the accused severed the head with an iron saw and buried the trunk under stones in the outskirts of the village Dhadhu and carried the head with them in the truck. The head was hidden at a place between Guggal and Chaitru on the Kachcha road branching off the main road to the village Ichhi. On November 13, 1974, P.W. 6 Karrudi Ram, the Chowkidar of Mauza Bandi, during twilight, had gone to answer nature's call at the out skirts of the village Dhadhu and noticed the blood stains and a torn pant near the stones. On further probe the hand of the deceased was seen projecting from the stones and he noticed the dead body. He went and reported to Bidhu Ram, P.W. 10, the Pradhan of the village and two others. All of them went tot he spot noticed the dead body. P.W. 10 kept a watch during the night. On November 14, 1974 at about 7.00 or 8.00 a.m. P. W. 6 went to the Police Station and lodged the complaint. P.W. 26, the A.S.I. recorded and issued the First Information Report and proceeded to the spot. He recovered the articles on and near the dead body under P.W. 11, Panchnama and conducted inquest and sent the dead body for post-mortem. The Doctor conducted autopsy. On November 15, 1974 the parents of the deceased came to the Police Station and identified the clothes of the deceased. On November 16, 1974, P.W. 27, the Sub-Inspector of the Police took over the investigation. He contacted one Kuldip Singh, a Conductor in Kapila Transport Company from whom he came to know that on Nov. 10, 1974, the deceased and the appellant were seen consuming liquor at Jassur. Thereafter P.W. 27 and P.W. 10, Bidhu Ram, Pradhan of Guggal Panchayat went to the appellant's village Sahura and was sent for the appellant. The appellant on coming to him was found to have shaved off his moustaches. P.W. 27 had enquired as to why he had removed his moustaches upon which the appellant was claimed to have replied that he had removed his moustouches due to demise of his maternal uncle. P.W. 10 and P.W. 27 took the appellant to Jassur for identification purposes. The appellant pointed out P.W. 7, the owner of the Dhaba and the latter identified the appellant as one seen in the company of the deceased and having consume liquor. Equally of P.W. 8. Thereafter the appellant was taken back to P.W. 10's village and P.W. 27 left the village for further investigation. On enquiry made by P.W, 10, in the shop of one Mangath Ram and in the company of one Raghunath, to reveal the truth to him, the appellant was stated to have requested P.W. 10 whether he could save him if he would tell the truth. Thereupon P.W. 10 stated that he could not save him but if he would speak the truth he would help himself. Thereupon the appellant was stated to have made extra-judicial confession giving out the details of consuming liquor with the deceased; their going together on the truck, the quarrel that ensued between them; his hitting the deceased with the screw-driver, throwing the dead body, thinking that he died, on the road realising that he was not dead, lifting him and putting him in the body, of the truck and all the accused cutting the head of the deceased with the saw blade and burying the trunk under the stones and hiding the head at different place and thereby they had committed the crime. P.W. 10 gave this information to P.W. 27 on the next day, namely, November 25, 1974. Thereon all the accused were arrested. On November 27, 1974, the Driver A.2 was stated to have made a statement under S. 27 of the Evidence Act Ex. P.W. 9/ A leading to discovery of the hidden head at a place between Guggal and Chaitru. This statement had been made in the presence of P.W. 9 and another and the severed head was recovered under Memo Ex. P.W. 9/ B. This was in the presence of P.W. 10 and another. The head was sent to the doctor for post-mortem examination. The doctor verified and found it to be correct and the doctor correlated the trunk of the dead body and the head belonging to the deceased. On November 30, 1974, pursuant to statement made by the appellant and A. 3 under Ex. P.W. 16/ B leading to recovery of one iron-saw without handle and a piece of cloth wrapped to one of its sides was recovered from a bush near Kathman Mor and P.W. 10 and another are Panch witnesses and found the saw blade contained with blood stains and a piece of cloth of torn pant. They were recovered under Ex. P. W. 16/ C. The clothes of the appellant were also claimed to have been recovered from his house under Exhibit P.W. 16/ H which was stained with blood and the same were recovered in the presence of P.W. 16, The Serologist found the blood stains disintegrated on all the items. On the basis of this evidence the prosecution laid the charge-sheet against all the accused. As stated earlier the appellant now stands convicted and sentenced for the offences under Ss. 302 and 201, I.P.C. The two others did not file appeal against their conviction under S. 201, I. P.C.
(3.)The entire prosecution case rested on circumstantial evidence. As regards the appellant, insofar as the circumstances relied on by the prosecution are three, namely, (i) the appellant and the deceased were last seen together by P.W. 7, the owner of the liquor shop, Dhaba and P.W. 8, the companion who had liquor with the deceased and the appellant; (ii) the extra-judicial confession made to P.W. 10, the Pradhan of Guggal Gram Panchayat; and (iii) the discovery of saw blade pursuant to the statement made by the appellant and A. 3 under S. 27 of the Evidence Act.
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