GARJA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) ASSAILING the judgment dated 1.3.2006, passed by the learned Judicial Magistrate, Ist Class, Bilaspur, Distt. Bilaspur, H.P., in Case No. 850/1 of 99/97, titled as State of H.P. versus Garja Ram, as affirmed by the learned Sessions Judge, Bilaspur, Distt. Bilaspur, H.P., vide judgment dated 1.11.2006, passed in Criminal Appeal No. 9 of 2006, titled as Garja Ram versus State of Himachal Pradesh, the accused petitioner has filed the present Revision Petition under the provisions of Section 397 read with Section 401 of the Code of Criminal Procedure, 1973.

(2.) HAVING heard the learned counsel for the parties as also perused the record, I am of the considered view that ground for interference is made out by the petitioner. In my considered view the Courts below have erred in completely and correctly appreciating the evidence led by the prosecution which has resulted into travesty and miscarriage of justice. The police officials did not associate any independent person from the spot/locality during the course of investigation and the testimonies of material prosecution witnesses who are the police officials i.e. HHC-Dhani Ram (PW-2) and HC-Brij Lal (PW-3), to a great extent, do not inspire confidence being contradictory in nature on a material fact.

(3.) NOTICE of accusation was put to the accused for having committed offences punishable under Sections 290 and 510 of the Indian Penal Code to which he did not plead guilty and claimed trial.