DEVINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Present criminal revision petition filed under Section 397 of the Code of Criminal Procedure is directed against the judgment dated 19.7.2008, rendered by the learned Sessions Judge, Mandi, HP, in Criminal Appeal No. 29 of 2007, affirming the judgment and order dated 15.9.2007 and 18.9.2007, passed by learned Judicial Magistrate, Ist Class, Court No. II, Mandi, District Mandi, H.P., in Police Challan No. 163- I/2002/III-II/2002, whereby present accused-petitioners were convicted and sentenced to undergo simple imprisonment for a period of six months and to pay fine of Rs. 1000/- for having committed offence punishable under Section 325 read with Section 34 of the IPC, and in default to undergo simple imprisonment for a period of fifteen days.

(2.) Being aggrieved and dissatisfied with the judgment of conviction passed by the learned trial Court, present petitioner along with co-accused filed an appeal under Section 374 of the Cr.PC before the learned Sessions Judge, Mandi , HP, however fact remains that learned Sessions judge vide judgment dated 19.7.2008 acquitted the co-accused Rajinder Kumar from the offence punishable under Section 325 read with Section 24 IPC by way of giving benefit of doubt. As far as present petitioner is concerned, the conviction and sentence passed by the learned trial was upheld by the learned Sessions Judge. In view of the aforesaid background, present petitioner accused filed the instant revision petition praying therein for quashing and setting aside of the judgment of conviction passed by the courts below.

(3.) Briefly stated facts necessary for adjudication of the case are that on 21st February, 2002 at about 9:00am, the complainant namely Govind Ram (PW1) had gone to his fields, wherein he observed that Nag Ram, who was having his house adjacent to his land, was constructing a wall of his house on the public path way. The complainant advised him not to construct his house on the path way and thereafter, he along with Sukh Ram and Sunder Lal started walking towards his house. In the meanwhile, present petitioner-accused came there and restrained him from proceeding further. As per prosecution story, Rajinder Kumar i.e. accused No.2 also started fighting with the complainant. Soon thereafter, his elder brother (present petitioner) appeared on the spot along with wooden plank and gave blow on the head of the complainant with the plank, as a result of which, he fell down and lost consciousness. Thereafter, injured was rushed to Zonal Hospital, Mandi, wherefrom, a telephonic information qua the incident was given to the police. Police on receipt of information, registered FIR and after investigation, presented the charge sheet against the accused in the competent court of law. Learned Judicial Magistrate, Ist Class, Court No.II, Mandi, District Mandi, H.P., after satisfying itself that a prima facie case exists against the accused, framed the charges under Sections 323, 325, 341 and 506 of the IPC, to which, accused persons pleaded not guilty and claimed trial. Learned trial Court, on the basis of evidence adduced on record by the prosecution, found the accused guilty of having committed offences under Sections 323, 325, 341 and 506 of the IPC and accordingly, convicted and sentenced them, description whereof, has already been given above.