OM PARKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE present appeal has been directed by the accused, who was convicted in Sessions Case No.44-P/2003 decided on 15/29-6-2004 by the learned trial Court, for the offence punishable under Section 307 of the Indian Penal Code and Section 27 of the Indian Arms Act, whereby he has been sentenced to undergo rigorous imprisonment for five years and to pay fine of '25,000/- under Section 307 of the Indian Penal Code and rigorous imprisonment for a period of two years and fine of '5,000/- under Section 27 of the Indian Arms Act, with default clauses. It was also ordered that in case the amount of fine is realized, the same be paid as compensation to the complainant for the pain and agony suffered by him. As such, the convict-appellant assailed his conviction and sentence by means of the present appeal.

(2.) IN short, the prosecution case can be stated thus. PW13 injured complainant Parshottam Singh and appellant, hereinafter to be referred as 'the accused', are residing in the same village having their houses in front of each other. The accused harboured grudge against him.

(3.) THE accused was charge-sheeted for the aforesaid offences, to which he pleaded not guilty and claimed trial. To prove its case, prosecution examined its witnesses and the appellant was also examined under Section 313 of the Code of Criminal Procedure. His case was denial simplicitor, however, he did not raise any specific defence, rather pleaded innocence.