MOHAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present revision petition is maintained by the petitioner/accused (hereinafter referred to as "the accused") under Sections 401 read with Section 397 Cr.P.C and Rule 1 of Part H Chapter 5, of High Court of HP (Appellate Side) Rules, 1997, against judgment dated 01.10.2011, passed by learned Sessions Judge, Sirmaur, District at Nahan, in Criminal Appeal No. 45-Cr.A./10 of 2009, upholding the judgment of conviction dated 28.08.2009 and sentence dated 31.08.2009, passed by learned Judicial Magistrate 1st Class, Paonta Sahib, District Sirmaur, in Criminal Case No. 127/2 of 2006/04.

(2.) Tersely, the facts giving rise to the present petition can be summarized as under:

(3.) It is averred in the petition that the impugned judgment rendered by the learned Lower Appellate Court is against law and facts and the same is liable to be set aside. It is further averred that the learned Courts below have not appreciated the evidence in its right and true perspective. It is further contended that the statement of PW-1 has been wrongly appreciated. Lastly, it is prayed that the accused be acquitted by setting aside the impugned judgments.