AJMER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner was convicted for an offence under Section 324 IPC and was sentenced to undergo rigorous imprisonment for one year and to pay a fine of As. 500/-, by the Chief Judicial Magistrate, Una. In default of payment of fine, the petitioner was to undergo rigorous imprisonment for a further period of six months.

(2.) The petitioner preferred an appeal to the learned Sessions Judge, Una and Hamirpur Districts. The learned Sessions Judge, however, dismissed the appeal and upheld the conviction and sentence passed by the trial court. During the course of arguments, it was prayed on behalf of the petitioner that he may be given the benefit of Section 360 Cr. P.C. being the first offender. The learned Sessions Judge, however, rejected the plea of the petitioner.

(3.) The petitioner has now filed this revision petition in this Court. A few facts relevant to the case may be stated. The petitioner accompanied by Ashok Kumar and Sirkoo visited the cattle-shed of the complainant on 11th October, 1978 at about 7.30 PM and enquired of him as to whether he would accompany them to see a drama (Ram Leela) at village Thathal. The complainant and the appellant belong to village Oel within District Una. The complainant Waryam Singh agreed to accompany them to the drama. Meanwhile, the accused picked up a steel-match-case containing match box, to light a cigarette. The complainant demanded the return of the match-box with steel cover from the petitioner but he refused to do so and threatened the complainant that he would teach him a lesson. The complainant, however, alongwith Pawan Kumar went to Thathal to see the drama as the petitioner and his friends bad disappeared from his cattle-shed. On return from the drama at about 3 A.M., the complainant alongwith Pawan Kumar saw the petitioner and his friends following them. S/Shti Ashok Kumar and Sirkoo sat down near a Ashram but the petitioner continued to follow the complainant and Pawan Kumar. On the way, the complainant questioned the petitioner as to why he was following them. The petitioner in really told him that he had left his muffler in his caused and that he was accompanying the complainant to his cattle-shed. When the complainant and Pawan Kumar reached the cattle-shed, the petitioner assaulted the complainant from behind with a knife and gave three knife blows in succession causing injuries to him. One injury was inflicted on the left side of the back of chest, another on the left shoulder joint and the third on the scalp. The injuries resulted into bleeding. The petitioner ran away from there after causing the said injuries. The clothes of the complainant were smeared with blood that oozed out of the injuries.