BALAK RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE convict has come in revision against judgment dated 21.04.2006 passed by Sessions Judge, Shimla, in Criminal Appeal No. 22 -S/10 of 2005, affirming judgment dated 23/25.05.2005 (wrongly stated 20/25.05.2005) passed by Judicial Magistrate Ist Class, Court No. II, Shimla, in Criminal Case No. 240/2 of 2002.

(2.) The prosecution case, in brief, is that PW -1 Mast Ram, complainant, lodged rapat No. 6 Ex. PW4/A dated 28.08.2002 at Police Post, Sunni, on that basis FIR Ex. PW6/A had been registered at Police Station, Dhalli. It has been alleged that on 28.08.2002 at about 11.00 a.m., the complainant had gone to Electricity Rest House, Chaba, for bringing milk, it was raining at that time. The path was flooded, he was picking up stones from the path, petitioner came with stick and gave a blow on the head of the complainant with stick and then on his left leg and thereafter on his right hand. It has been alleged that blood started oozing out, complainant fell down on the road and the assailant ran away from the spot. The complainant became unconscious. On regaining consciousness, the complainant went to his home, disclosed the matter to his wife and his mother. The mother of the complainant made a telephonic call to the elder brother of the complainant. The complainant was medically examined, MLC Ex. PW7/A of the complainant was obtained. The X -ray report Ex. PW5/A of the complainant was procured.

(3.) ON completion of the investigation, challan was submitted, charge for offences punishable under Sections 323, 325 IPC was framed against the petitioner, who pleaded not guilty and claimed trial. The prosecution has examined 8 witnesses and produced some documents. The statement of petitioner was recorded under Section 313 Cr.P.C., he denied the prosecution case but led no evidence in defence. On conclusion of trial, the Magistrate convicted the petitioner for offences punishable under Sections 323, 325 IPC. The petitioner was sentenced to undergo rigorous imprisonment for three months under Section 325 IPC and to pay fine in the sum of Rs.1,000/ - . The petitioner was also sentenced to suffer simple imprisonment for one month under Section 323 IPC. In default of payment of fine, the petitioner was directed to undergo simple imprisonment for 15 days. The sentences were ordered to run concurrently.