DEEPAK SOOD Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition has been directed by the petitioner, hereinafter to be referred as 'the accused', against the order of the learned Additional Sessions Judge (Fast Track Court), Shimla, whereby the appeal against his conviction and sentence passed by the learned trial Court in Criminal Case No.264/2 of 1999 on 28.1.2002, for the offences punishable under Sections 294, 354 and 509 of the Indian Penal Code, was dismissed.

(2.) In short, the prosecution story as emerges from the evidence on record, can be stated thus. Late Shri Bakshi Ram had four sons, namely DW-7 Onkar Sood, father of the accused, Parmod Sood, husband of the complainant, Subhash Sood and Ishwar Dass. He died leaving behind the landed property consisting of houses, shops and coal-companies etc. in Shimla. Thereafter partition took place on 10.12.1994 amongst his legal heirs. Shimla Coal Company fell in the share of Onkar Sood and Punjab Coal Company in the share of Parmod Sood. Some were not satisfied with the shares allotted to them, which ignited litigation mainly between Parmod Sood and DW7 Onkar Sood.

(3.) Complainant Lilly Sood is the wife of Parmod Sood, the real aunt of the accused. The Punjab Coal Company which fell in the share of Parmod Sood is located adjacent to the National Highway near bus-stand, opposite to taxi Union office at Shimla on the path leading to Lalpani area.