STATE OF HIMACHAL PRADESH Vs. SHEELAN DEVI

JUDGEMENT

(1.) This appeal under S.377 of the Criminal P.C. has been directed against the order of conviction passed by the learned Sessions Judge, Hamirpur, dated January 8, 1981, in a case under S. 436 of the Penal Code whereby he held the respondent-accused Sheelan Devi (hereinafter referred to as the accused) guilty for the said offence but instead of sentencing her he extended the benefit of the provisions of S. 360 read with S. 361 of the Cr. P.C. and ordered her release subject to her furnishing personal bond with one surety in the sum of rupees 5,000/- each for a period of three years and to come and receive sentence within the said period as and when called upon to do so and in the meantime to keep peace and be of good behaviour. Besides this, he also made her release subject to payment of Rs. 1500/- as compensation to the complainant Sarwan Kumar.

(2.) The prosecution case against the accused before the trial Court was that the accused and the complainant Sarwan Kumar belong to the same village Gujoh in district Hamirpur. On April 29, 1980, the goats of the accused damaged the wheat crop of the said Sarwan Kumar and when the latter remonstrated in this behalf, the accused started hurling abuses at him and continued doing so for the successive two or three days. Again on May 2, 1980, when one Kanshi Ram of the same village was protesting with the accused that his sugarcane crop was damaged by the goats of the accused the complainant Sarwan Kumar again broached up the topic with the said Kanshi Rarn that the goats of the accused had on April 29, 1980, also damaged his wheat crop. On this the accused again stated abusing said Sarwan Kumar and during that verbal altercation between the accused and Sarwan Kumar on May 2, 1980, the accused threatened that she would burn his house.

(3.) According to the prosecution the same evening at about 9 P.M. said Sarwan Kumar accompanied by one Hushnaki Ram of his village then went to the house of the member of the gram panchayat of the village, Thunia Ram, in the same village to lodge a report with him that the accused had not only abused him but also threatened that she would burn his house.