ASHWANI KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) Accused one Naresh Kumar, one Ashwani Kumar, one Ajay Kumar, and, one Raj Kumar faced trial before the learned Additional Sessions Judge, Fast Track Court, Hamirpur, H.P., for charges drawn against them under Ss. 452, 308, 324, 325 and 323 of the IPC read with Sec. 34 of the IPC. However, the learned trial Court, through, its verdict made on 28/5/2009, upon, Sessions Trial No. 12 of 2008, acquitted all the accused except accused Ashwani Kumar. Accused Ashwani Kumar became convicted for charges punishable under Sec. 452, 323 and 325 of the IPC, whereas, he became acquitted for the charges drawn against him, under Sec. 324 and under Sec. 308 of the IPC. In sequel, to the afore convictions becoming made against the accused Ashwani Kumar under the afore penal provisions, he became sentenced to undergo rigorous imprisonment, upto a term of four years, and, also became imposed fine of Rs.2,000.00 for the commission of offence punishable under Sec. 452 of the IPC, and, further in default of payment of fine amount he was sentenced to undergo simple imprisonment of one month. With respect to the offence punishable under Sec. 323 of the IPC, he became sentenced to undergo simple imprisonment for a term of three months, and, to pay fine of Rs.500.00, and, in default of payment of fine amount, he became sentenced to undergo simple imprisonment for 7 days. For charges drawn against him under Sec. 325 of the IPC, he became sentenced to undergo rigorous imprisonment for a period of four years, and, to pay a fine of Rs.2000.00, and, in default of payment of fine amount, he became sentenced to undergo simple imprisonment for a period of one month. All the afore sentences were ordered to run concurrently.

(2.) Convict Ashwani Kumar, becomes aggrieved from the afore imposed order of conviction, and, consequent thereto sentences of imprisonment, and, of fine hence imposed upon him. Consequently, he constitutes the extant criminal appeal before this Court and, makes an effort to annul the afore verdict drawn against him by the learned trial Court.

(3.) Briefly stated the facts of the case are that on 4/6/2004, reporter Vipan Kumar alongwith his servant Mouzu Ram and salesman of liquor vend Mangat Ram, were sleeping on the lintel of his shop situated at Gawalpathar. At about 12.30 a.m. on 5/6/2004, accused Ashwani Kumar came and demanded liquor from the reporter. On his reply, that he is not a salesman in the liquor vend, accused Ashwani Kumar gave blow of iron rod, and, of empty bottles on his head. The said accused had also given a blow on his arm and on his raising cries, his servant and salesman got up and switched on the light and he saw 7-8 persons absconding towards Jhallan. Mouzu Ram, servant informed the brother of reporter Madan Lal, who came to the spot and saw his brother lying in an injured state. He was taken to PHC Dhaneta, where he was treated and the police was informed. In the next morning, he was taken to Dharamshala. On the written complaint, given by the complainant, to the police, the case was registered in the Police station concerned and investigations were carried.