PARTAP SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner, Partap singh, upon having been tried for the offence under S. 307, Indian Penal Code, in Sessions Trial No. 17-S/7 of 1992/89 by the learned Sessions Judge (Forests), exercising the powers of Additional Sessions Judge, Shimla, came to be convicted for the offence under S. 324, Indian Penal Code, vide judgment dated 23-3-1993. Upon such conviction, the learned trial Court instead of imposing any sentence upon the petitioner granted him the benefit of S. 4, Probation of Offenders Act and ordered his release on probation for a period of one year on his executing personal bond to the tune of Rs.2,000.00 with one surety to the like amount and during the period of such probation he was directed to keep peace and be of good behaviour.

(2.) The allegations against the petitioner vide FIR No. 197/89 Police Station Sadar, Shimla were that on 1-9-1989 at about 5.30 p.m. at the Mall, Shimla, he had attacked Shri A. N. Sharma, the then Superintendent of Police (Enforcement) with a dagger in an attempt to commit his murder. As a result of such attack Shri A. N. Sharma had sustained an injury in the form of an incised wound in the right infrascapular region 10 cms. from mid line, 9th intercostal space with clean cut parallel edges, elliptical shape, skin deep.

(3.) The petitioner, feeling aggrieved by his conviction for the offence under S. 324, Indian Penal Code, as recorded by the learned trial Court vide judgment dated 23-3-1993, preferred an appeal, being Cr. A. No. 62 of 1993 assailing his conviction. Such appeal, however, was not pressed by the petitioner and the same was accordingly dismissed by a learned single Judge of this Court on 29-8-1997.