SANJEEV KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Assailing the judgment dated 2.8.2006 passed by Judicial Magistrate, Ist Class, Court No.II, Hamirpur, H.P. in Cri. Case No. 160-II-2000, as affirmed by the Sessions Judge, Hamirpur, H.P., vide judgment dated 6.1.2007, passed in Cri. Appeal No. 21 of 2006, titled as Sanjeev Kumar vs. State of H.P., the accused-petitioner has filed the present Revision under Section 397 read with Section 401, Code of Criminal Procedure, 1973.

(2.) Accused stands convicted for having committed an offence punishable under Section 279 and 304-A, IPC and sentenced to go simple imprisonment for a period of one month and pay a fine of Rs.2000/- for an offence under Section 279, IPC and to undergo and serve simple imprisonment for a period of two years and to pay a fine of Rs.1000/-. In default of payment of fine, accused has to further serve additional sentence.

(3.) Having heard learned counsel for the parties, I am of the considered view that petitioner has made out a case for interference as the Courts below have not correctly and completely appreciated the evidence led by the parties, which has resulted into rendering of incorrect and perverse findings. The same has resulted into travesty of justice.