BASIA RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) FIR No.217 of 2001, dated 2.6.2001 was registered at Police Station, Paonta Sahib, under Section 193,196,420 read with Section 120 of the Indian Penal Code, against Kartara Ram (accused No.1) and Basia Ram (accused No.2). Both the accused persons were charged for having committed the aforesaid offences. During trial, accused No.1 expired and on the conclusion of trial, trial Court, i.e. Judicial Magistrate 1st Class, Court No.1, Paonta Sahib vide judgment dated 29.5.2010, passed in Criminal Case No.97/2 of 2006/02, titled as State of Himachal Pradesh versus Kartara Ram and another, convicted accused Basia Ram for having committed the aforesaid offences and sentenced him to undergo simple imprisonment for a period of one month each, in relation to offences under Sections 193 & 196 of the Indian Penal Code and also pay fine of Rs.500/- each. Further, undergo simple imprisonment for a period of three months for having committed an offence under Section 420 of the Indian Penal Code and pay fine of Rs.1,000/-. In the event of default, accused was to undergo further imprisonment for a period of seven days and one month, respectively.

(2.) THE aforesaid findings of fact stand affirmed by the lower Appellate Court, i.e. Sessions Judge, Sirmaur District at Nahan, vide judgment dated 14.5.2012, passed in Criminal Appeal No.21-Cr.A/10 of 2010, titled as Basia Ram versus State of Himachal Pradesh.

(3.) IN order to prove its case prosecution examined as many as eighteen witnesses and statement of the accused under Section 313 of the Code of Criminal Procedure was also recorded.