KISHAN CHAND SON OF SHRI GEHARU RAM, RESIDENT OF TALOGI, PATI KHARAHAL, KOTHI KIAS, TEHSIL AND DISTRICT KULLU, H.P. Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) IN terms of present Criminal Revision, filed under the provisions of Code of Criminal Procedure, accused -petitioner has assailed the judgment dated 2nd September, 2006, passed by Sessions Judge, Kullu in Criminal Appeal No. 32/2005, titled as Kishan Chand versus State of Himachal Pradesh, affirming the judgment dated 21st October, 2005, passed by Chief Judicial Magistrate, Kullu, Himachal Pradesh in Criminal Case No. 244 -I/2000, titled as State versus Kishan Chand.

(2.) In terms of the impugned judgments, accused stands convicted for having committed an offence, punishable under Section 325 of the Indian Penal Code, 1860 and sentenced to undergo rigorous imprisonment for a period of one year and to pay fine of Rs.10,000/ - and in default thereof, to further undergo simple imprisonment for a period of two months.

(3.) IT is the case of prosecution that Shri Kanshi Ram (PW -7) had engaged the present accused Kishan Chand as his driver. There was a dispute with regard to non -payment of Rs.500/ - by PW -7 to the accused. On 12th August, 2000, PW -7 met the accused near a place known as Sarwari Bridge, where accused demanded a sum of Rs.500/ - from him. PW -7 assured that the amount would be paid by him in the near future. However, accused started quarrelling and gave blows with his fists, as a result of which one tooth of the upper jaw of PW -7 broke. Resultantly, PW -7 lodged report (Ex. PW -7/A) with the police, on the basis of which FIR No. 422 (Ex. PW -6/A), dated 28th August, 2000, under Section 325 of the Indian Penal Code, 1860, was recorded at Police Station, Kullu, by Inspector Shri Om Chand (PW -6). Complainant was got medically examined by the police from Dr. Rita Negi (PW1) and Dr. Deepak Kapoor (PW -2), who issued MLC (Ex. PW -2/A), based on X -ray film (Ex. P -1). Matter was further investigated by the police, which revealed complicity of the accused to the alleged crime. As such, challan was presented in the Court for trial.