TILAK RAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is a revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 by the accused, assailing the judgment dated 20.12.2006, passed by the Sub Divisional Judicial Magistrate, Dalhousie, District Chamba, H.P., in Criminal Case No.113-II of 1998, titled as State Vs. versus Tilak Raj, wherein accused stands convicted for having committed offences punishable under the provisions of Sections 323 and 452 of the Indian Penal Code, 1860, as affirmed by learned Sessions Judge, Chamba vide judgment dated 23.4.2007, in Criminal Appeal No.1 of 2007, titled as Tilak Raj Vs. State of Himachal Pradesh.

(2.) HAVING heard learned counsel for the parties as also perused the record, I am of the considered view that petitioner has made out a case for interference as findings with regard to conviction cannot be said to be sustainable in law, being perverse resulting into miscarriage of justice.

(3.) THE matter was investigated by the police and challan presented in the Court for trial.