STATE OF HIMACHAL PRADESH Vs. RAJINDER SINGH

JUDGEMENT

(1.) ACCUSED Rajinder Singh (respondent herein) stands acquitted by the lower appellate Court, i.e. Sessions Judge, Shimla, vide judgment dated 27.02.2008, passed in Criminal Appeal No. 38 -S/10 of 2007, titled as Rajinder Singh v. State of Himachal Pradesh, in relation to an offence punishable under Sections 452 and 326 read with Section 34 of the Indian Penal Code. It be only observed that originally State had filed challan against accused Rajinder Singh and accused Sandeep @ Bhartu. Accused Sandeep @ Bhartu was found to be a juvenile, as such, proceedings under the relevant enactment were separately initiated against him. In the instant case, Trial Court convicted accused Rajinder Singh for having committed an offence punishable under Sections 452 and 326 read with Section 34 IPC and sentenced him to undergo rigorous imprisonment for a period of one year and pay fine in the sum of Rs. 1000/ -, in relation to an offence punishable under the provisions of Section 452 IPC; and also to undergo rigorous imprisonment for a period of two years and pay a fine of a sum of Rs. 4000/ -, in relation to an offence punishable under the provisions of Section 326 IPC. In case of failure to pay fine, he was to further undergo simple imprisonment for a period of three months.

(2.) HAVING heard learned Counsel for the parties as also perused the record, we see no reason to interfere with the impugned judgment, reversing the findings and the judgment so passed by the first Appellate Court.

(3.) THE accused was charged for having committed an offence punishable under the provisions of Sections 452, 326, 324 and 323 read with Section 34 IPC, to which he did not plead guilty and claimed trial.