BALJIT SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) The present revision is directed against the judgment dtd. 7/3/2024 passed by learned Sessions Judge Una (Learned Appellate Court) in Criminal Appeal No. 34/2023 vide which the judgment of conviction and order of sentence dtd. 7/2/2023 passed by learned Judicial Magistrate Court, no. 2 Amb, District Una (learned Trial Court) was partly upheld. The petitioner (accused before the learned Trial Court) was convicted of the commission of offences punishable under Ss. 341, 323 and 325 of the Indian Penal Code and the matter was remanded to the learned Trial Court for considering the case of the petitioner for granting the probation under Sec. 4 Probation of Offenders Act. (Parties shall hereinafter be referred to in the same manner as 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 Sec. 341, 323, 325, 504 and 506 read with Sec. 34 of the Indian Penal Code (IPC). Learned Trial Court framed the charges against the accused, recorded the prosecution's evidence and convicted them as under:

(3.) Being aggrieved by the judgment and order passed by the learned Trial Court, the accused filed an appeal, which was decided by learned Sessions Judge Una. (learned Appellate Court). Learned Appellate Court allowed the appeal filed by accused Balwinder Kaur and acquitted her of the charged offences. Learned Appellate Court partly allowed the appeal filed by accused Baljeet Singh and acquitted him of the commission of offences punishable under Ss. 504 and 506 read with Sec. 34 of IPC and maintained the conviction recorded by the learned Trial Court for the commission of offences punishable under Sec. 341, 323 and 325 of IPC. The learned Appellate Court set aside the sentence awarded by the Trial Court and remitted the matter to the learned Trial Court for considering the benefit of Sec. 4 of the Probation of Offenders Act to convict Baljeet Singh after calling the report of the Probation officer.