PINTU RAM ALIAS SUMINDER Vs. STATE OF HP

JUDGEMENT

(1.) Present criminal revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure is directed against the judgment of conviction and sentence rendered by learned Sessions Judge, Hamirpur, H.P., in Criminal Appeal No. 31 of 2006, affirming the judgment passed by learned Judicial Magistrate, Ist Class, Court No.II, Hamirpur, HP, whereby the petitioner-accused namely Pintu @ Suminder has been sentenced to undergo rigorous imprisonment for a term of one year and fine of Rs. 1,000/- and to undergo rigorous imprisonment for the period of two months in case of default in payment of fine for an offence under Section 392 of IPC and further sentenced under Section 323 of Indian Penal Code, to undergo three months' simple imprisonment and Rs. 300/- fine and one month simple imprisonment in case of default in payment of fine. However, both the sentences are to run concurrently.

(2.) Briefly stated facts as emerge from the record are that on 9.7.2001, complainant-PW1 Anjana Kumari lodged report in the police station, wherein she stated that she belongs to village Buhar and at about 9:00AM, she had gone to cut the grass. At around 10:30 AM, when she was coming back, she saw two men coming at her back, who seeing secluded place, started hitting the complainant with fist blows and they forcibly took away the gold ear rings from her ear. The complainant started shouting for help. When she raised alarm, the accused took off an iron rod from his bag and started hitting the complainant, which the complainant was able to snatch from the accused. Thereafter, complainant ran away from the spot crying loudly for help. On hearing her cries, resident of nearby village Ludiana namely Amarnath PW9 rushed to the spot to help her. However, in the meantime, both the accused ran away towards 'Nallah'; husband of the complainant along with co-villagers Amar Nath PW9, Partap Chand PW6, Pawan Kumar and Jogi Ram of Village Badaula etc. with a view to catch those thieves went towards the Nallah, where they found accused- thieves lying injured in the Nallah. They were brought to the police station by the aforesaid persons. In the police station, during investigation, they revealed their names as Rajeev of village Bainjoi and Pintu alias Suminder of village Karangi District Bareili, UP. Police recorded the statement of the complainant-PW1 on the basis of which, FIR Ext.1/A was registered. Police also got the medical examination of the accused as well as the complainant conducted. Search of the accused was carried out in the Police Station, whereby one golden ear ring was recovered, which was later on identified by the complainant. Police inspected the spot of the incident and prepared the Spot map and recovered a black coloured Slipper and one pair shoes (red colour) from the place, from where the accused had tried to run away. Police arrested the accused persons and finally, after the completion of the investigation, came to the conclusion that prima-facie case exists against the accused under Section 392, 323 and 506 read with Section 34 of the Indian Penal Code. Police presented the challan before the competent court of law. Learned trial Court after satisfying itself that prima facie case exists against the accused put a notice of accusation, to which they pleaded not guilty and claimed trial. However, it may be noticed that one accused namely Rajeev died during the pendency of the trial before the learned trial Court. Accordingly proceedings against him were dropped by the learned trial Court.

(3.) Learned trial Court on the basis of evidence adduced on record by the prosecution, came to the conclusion that accused Pintu is guilty of having committed offences under Sections 392 and 323 read with Section 34 IPC, accordingly vide separate order dated 31.8.2006, sentenced the petitioneraccused, description whereof has already been given above.