Himachal Pradesh High Court
Inder Kumar Verma vs State Of Himachal Pradesh on 21 December, 2023
Author: Virender Singh
Bench: Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CrMP No. 4658 of 2023 in
.
Cr. Appeal No. 573 of 2023
Reserved on: 19.12.2023
Decided on : 21.12.2023
Inder Kumar Verma ...Appellant/Applicant
of
Versus
State of Himachal Pradesh ...Respondent/Non-applicant
Coram
rt
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the Applicant : Mr. N.S. Chandel, Senior
Advocate, with Mr. Kshitij
Thakur, Advocate.
For the Non-applicant : Mr. Tejasvi Sharma, Mr. H.S.
Rawat and Mr. Mohinder
Zharaick, Additional
Advocates General.
Virender Singh, Judge.
Applicant-Inder Kumar Verma has preferred the
accompanying appeal, against the judgment of conviction,
dated 24th November, 2023, and order of sentence, dated
28th November, 2023, passed by the Court of learned
Whether Reporters of local papers may be allowed to see the judgment? Yes.
Additional Sessions Judge-I, Mandi, Himachal Pradesh
(hereinafter referred to as 'the Appellate Court'), in Cr.
.
Appeal No. 31 of 2014, titled as State of H.P. versus Inder
Kumar Verma.
2. Cr. Appeal No. 31 of 2014 has been preferred
by the State of H.P., against the judgment of acquittal,
of
dated 24th February, 2014, passed by the Court of learned
Chief Judicial
rt Magistrate, Mandi, District Mandi
(hereinafter referred to as 'the trial Court'), in Criminal
Case No. 1-II/2008, titled as State of Himachal Pradesh
versus Inder Kumar Verma.
3. Vide judgment of acquittal, dated 24th February,
2014, the learned trial Court has acquitted applicant-Inder
Kumar Verma, for the commission of offences, punishable
under Sections 409, 420, 466, 467, 468 and 471 of the
Indian Penal Code (hereinafter referred to as 'IPC'),
however, the learned Appellate Court has allowed the
appeal, filed by the State, and vide judgment of conviction,
dated 24th November, 2023, convicted applicant-Inder
Kumar Verma, for the commission of offences, punishable
under Sections 409, 466, 467, 471, 420 and 468 IPC and
vide order of sentence, dated 28 th November, 2023,
sentenced him, as under:
.
Offence(s) Sentence Awarded
Section 409 of IPC Rigorous Imprisonment for a
period of Five years and fine
of ₹ 5,000/- and in default of
payment of fine to further
undergo S.I. for one year.
of
Section 466 of IPC Rigorous Imprisonment for a
period of Fourt years and
fine of ₹ 5,000/- and in
rt default of payment of fine to
further undergo S.I. for one
year.
Section 467 of IPC Rigorous Imprisonment for a
period of Five years and fine
of ₹ 5,000/- and in default of
payment of fine to further
undergo S.I. for one year.
Section 471 of IPC Rigorous Imprisonment for a
period of Five years and fine
of ₹ 5,000/- and in default of
payment of fine to further
undergo S.I. for one year.
Section 420 of IPC Rigorous Imprisonment for a
period of Five years and fine
of ₹ 5,000/- and in default of
payment of fine to further
undergo S.I. for one year.
Section 468 of IPC Rigorous Imprisonment for a
period of Fourt years and
fine of ₹ 5,000/- and in
default of payment of fine to
further undergo S.I. for one
year.
4. Against the said judgment of conviction and
order of sentence, passed by the learned Appellate Court,
.
the accompanying appeal has been filed.
5. By way of the present application, a prayer has
been made to suspend the order of sentence, dated 28 th
November, 2023, passed by the learned Appellate Court,
of
during the pendency of the appeal.
6. The learned Appellate Court has convicted the
rt
applicant for the commission of the offences, punishable
under Sections 409, 466, 467, 471, 420 and 468 IPC, by
specifically holding that the findings of the learned rial
Court, acquitting the applicant, are perverse and suffered
from infirmities.
7. The judgment of conviction and order of
sentence have been passed by the learned Appellate Court,
after scrutinizing the evidence, which has been recorded by
the learned trial Court.
8. Considering the seriousness of the allegations,
which have been levelled against the applicant and have
been held to be proved by the learned Appellate Court, this
Court does not deem it appropriate to suspend the order of
sentence, at this stage.
.
9. In such situation, the applicant is not able to
make out a case for suspending the order of sentence,
passed by the learned Appellate Court, at this stage. The
application is, accordingly, dismissed.
of
10. Admit.rt
11. List for hearing in due course.
( Virender Singh )
Judge
December 21, 2023
( rajni )
