PURAN CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Accused-petitioner Puran Chand has been convicted by the Courts below for having committed offences punishable under Sections 279 and 338 of the Indian Penal Code, 1860.

(2.) Assailing the judgment dated 23.2.2001, passed by learned Chief Judicial Magistrate, Kangra at Dharamshala, in Crl. Case No.99-II/1998, titled as State of Himachal Pradesh versus Puran Chand, as affirmed by the learned Additional Sessions Judge-II, Kangra at Dharamshala vide judgment dated 17.10.2006, passed in Criminal Appeal No.29-D/2001, tilted as Puran Chand versus State of Himachal Pradesh, the accused has filed the present Revision Petition under the provisions of Sections 397 and 401 of the Code of Criminal Procedure, 1973.

(3.) Having heard learned counsel for the parties and perused the record, I am of the considered view that the Courts below erred in correctly appreciating the evidence led by the prosecution. Testimonies of the material prosecution witnesses, i.e. Shri Jagdish Chand (PW-1) and Shri Madan Lal (PW-2), have not been correctly and completely appreciated, while returning the findings of guilt of the accused in relation to the aforesaid offences. Their version totally renders the prosecution case to have not been proved beyond reasonable doubt.