(1.) The present revision is directed against the judgment dtd. 31/10/2012, passed by the learned Additional Sessions Judge, Fast Track Court Hamirpur, H.P., vide which the appeal filed by the revisionists/petitioners (accused before the learned Trial Court) was dismissed. (Parties shall hereinafter be referred to in the same manner in which they were arrayed before the learned Trial Court for convenience).
(2.) Briefly stated, the facts giving rise to the present revision are that the police presented a challan against the accused for the commission of offences punishable under Ss. 336, 427, 504 and 506 read with Sec. 34 of IPC. It was asserted that the informant Balbir Singh (PW-1), his wife (PW-6) and his children were sleeping in their house on 3/9/2009, at about 11 p.m., when they heard the noise of stone pelting on their roof and the door. The informant and his family members woke up. The informant opened the door and found that Deshraj, Bimla Devi, Asha Devi and Kamal Dev were pelting stones at his house. Deshraj abused the informant and asked him why, he(the informant) and his mother had gone to the police station to lodge the report. He would finish the whole family. He started throwing the pieces of bricks towards the informant. The informant shouted for help. His family members and the children started crying and weeping. The informant called the Panchayat Pradhan and Pradhan of Mahila Mandal. The villagers came to the spot. The accused ran away from the spot after seeing the villagers. Leela Devi (PW-3), Suresh Kumar (PW-5), Swaran Singh (PW-4), Gian Chand, Ganga Ram and Rajinder Singh (not examined), saw the accused running away from the spot. The accused had removed the Chajja from the roof. They had also damaged the Palli of Partap Singh. The Panchayat Pradhan stated that Panchyat would visit the spot in the morning. Panchayat visited the spot on 4/9/2009 and advised the informant to report the matter to the police. The informant was going to the Police Station when it was found that a villager had died in her matrimonial home and the whole village went to the village to perform her last rites. The matter was reported to the police. The police registered the F.I.R. (Ext.PW-1/A) and conducted the investigation. HC Purshotam Dass went to the sport and prepared the site plan (Ext.PW-7/A). Balbir produced three stones (Ext.P-1 to P-3), which were seized vide seizure memo (Ext. PW1/B). These were put in a parcel and the parcel was sealed withfive impressions of seal "N". The Seal was taken on a piece of a separate cloth. Ramesh Chand (PW-2), took the photographs (Ext. P-1 to P-6). H.C Purshotam Dass recorded the statements of witnesses as per their version. After the completion of the investigation, the challan was prepared and it was presented before the Court.
(3.) The learned Trial Court found sufficient reasons to frame charges for the commission of offences punishable under Ss. 336, 427, 504, and 506 read with Sec. 34 of IPC. The accused pleaded not guilty and claimed to be tried.
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