STATE OF H P Vs. PARVEEN KUMAR

JUDGEMENT

(1.) THE present Criminal Appeal has come up for adjudication after the grant of leave to appeal under Section 378 (3) of the Code of Criminal Procedure has been granted in reference to judgment dated 21.6.2001, passed by Learned Additional Sessions Judge-II, Kangra at Dharamshala, H.P., in Criminal Appeal No.4-K/1999 under Sections 457 and 380 of the Indian Penal Code acquitting the alleged respondent-accused in reference to FIR No.195/1994 dated 29.12.1994.

(2.) PAPPU son of Sh.Makholi Ram and present accused- respondent Parveen Kumar were accused for the aforesaid offence and were tried in Criminal Case No.56-II/1995 by learned Additional Chief Judicial Magistrate, District Kangra and both were found guilty of the aforesaid offence and were sentenced punishment till rising of the Court and fine to the amount of `5000/- and in default of payment of fine amount, both the accused-respondents were to undergo simple imprisonment for six months. Accused-convict PAPPU son of Sh.Makholi Ram, however, has not preferred any criminal appeal before the learned Sessions Judge, whereas accused- respondent Parveen Kumar preferred criminal appeal No.4- K/1999 before the learned Sessions Judge, Kangra at Dharamshala, against the judgment dated 5.1.1999 passed by learned Additional Chief Judicial Magistrate, Kangra. Learned Session Judge, Kangra at Dharamshala, after admitting the criminal appeal No.4-K/1999, has acquitted the accused- respondents for aforesaid offences.

(3.) AFTER investigation, respondents accused were charged for the aforesaid offences and the case tried by learned Additional Chief Judicial Magistrate. In order to prove its case, the prosecution has examined as many as 7 prosecution witnesses, whereas, the accused through their statements under Section 313 of Cr.P.C., have denied the prosecution case.