RAJESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS revision is directed against the judgment dated 29.11.2004 passed by learned Addl. Sessions Judge, Ghumarwin, in Cr. Appeal No.19/10 of 2004/2003, affirming judgment dated 24.7.2003 passed by learned Chief Judicial Magistrate, Bilaspur (Camp at Ghumarwin) in case No. 26 -1 of 1999/1997, convicting the petitioner under Section 323 IPC and sentencing him to undergo Whether the reporters of the local papers may be allowed to see the Judgment? Yes imprisonment till the rising of the Court and to pay a fine of ' Rs.1000/ - and fine of Rs. 3000/ - for commission of offence under Section 325 IPC. Out of the fine amount, Rs.3000/ - shall be paid to the complainant as compensation. In default of payment of fine the convict shall undergo simple imprisonment for a period of one month each for each offence under Sections 323 and 325 IPC.

(2.) THE prosecution case in brief is that on 27.4.1997 at about 4.30 p.m. PW -1 Sher Singh complainant was sitting in his field at Balsihna, his wife Smt. Bimla Devi, sister -in -law, PW -3 Smt. Parmila Devi, sons PW -2 Vinod Kumar and Parmod Kumar were harvesting wheat crop in the fields. In the meantime, petitioner came from behind armed with danda and gave blow on back and left arm of Sher Singh causing fracture. He raised hue and cry, Smt. Bimla Devi, Smt. Parmila Devi, Vinod and Parmod came to his rescue. The occurrence was reported to Paras Ram, Pritam Singh and Prem Singh etc.

(3.) THE prosecution has examined 11 witnesses and produced some documents. The statement of petitioner was recorded under Section 313 Cr.P.C. He pleaded his innocence. He has stated that complainant, his family members have falsely implicated the petitioner in the case because of litigation. He did not lead any evidence in defence. On conclusion of trial learned Chief Judicial Magistrate convicted and sentenced the petitioner as noticed above. The learned Addl. Sessions Judge dismissed the appeal, hence revision.