PRAKASH CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant criminal revision petition filed under Sec. 397 read with Sec. 401 of Cr.PC, lays challenge to judgment dtd. 31/12/2011, passed by the learned Additional Sessions Judge-I, Kangra at Dharamshala, Himachal Pradesh, in Criminal Appeal No. 07-J/2006, affirming judgment of conviction and order of sentence dtd. 12/1/2006, passed by the learned Additional Judicial Magistrate, Jawali, District Kangra, H.P., in Criminal Case No.21-II/2002, whereby the learned trial Court while holding the petitioners-accused guilty of having committed offences punishable under Ss. 452 of the IPC read with Sec. 34 of IPC, convicted and sentenced them to undergo imprisonment as per description given herein below: <FRM>JUDGEMENT_99_LAWS(HPH)3_2022_1.html</FRM>

(2.) Precisely, the facts of the case, as emerge from the record are that police presented challan against the accused for their having committed offence punishable under Ss. 451, 452, 323, 324, 325 of IPC read with Sec. 34 of the IPC, in the court of learned Additional Judicial Magistrate, Jawali, District Kangra, H.P., alleging therein that deceased Nikko Devi (since deceased) i.e. mother of the accused Prakash Chand, was having four daughters and one son. Her husband had bequeathed four kanals of land in her favour and remaining land was bequeathed in favour of the accused Prakash Chand, son of the complainant. Prakash Chand was residing in the house belonging to the husband of the complainant and complainant was residing in the house of one Ravan Singh, son of her daughter. A suit for partition was filed by the complainant, which was pending disposal before the revenue authorities. Demarcation was conducted and one kanal land was found to be belonging to the complainant, which was given to her by means of a will. Allegedly, accused Prakash Chand entered in the said land on 29/4/2001 at about 11:00 AM and started abusing the complainant. He was accompanied by petitioner No.2-Savitri Devi, wife of the accused Prakash Chand. When the complainant requested the accused not to abuse her, the accused entered in her courtyard and inflicted a blow of "Daraat" on her head and on her left leg, as a consequence of which, she suffered injuries.

(3.) Learned trial Court on the basis of material adduced on record by the respective parties, vide judgment/order dtd. 12/1/2006, held the petitioners-accused guilty of having committed offences punishable under Ss. 451, 452, 323, 324 and 325 of IPC read with Sec. 34 of the IPC and accordingly, sentenced them as per the description given herein above.