LAKSHMI SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The present criminal revision petition filed under Section 397 read with Section 401 of the Cr.PC, is directed against the judgment dated 21.04.2010, passed by the learned Sessions Judge, Shimla, HP, in Criminal Appeal No. 13-S/10 of 2008, affirming the judgment of conviction and order dated 27.2.2008 and 3.3.2008 respectively, passed by the learned Judicial Magistrate Ist Class, Theog, District Shimla, HP, in Case No. 279-1 of 2006, whereby the accused-petitioner has been sentenced to undergo rigorous imprisonment for a period of two years for commission of offence punishable under Section 452 IPC and to pay fine of Rs. 2000/- and in case of default, to further undergo simple imprisonment for three months. The petitioner-accused has been further sentenced to undergo rigorous imprisonment for six months for the commission of offence punishable under Section 323 of IPC and for period of six months for the commission of offence punishable under Section 506 of the Indian Penal Code.

(2.) Briefly stated facts as emerged from the record are that the complainant (Krishan Singh Hetta) telephonically informed the police of Police Station Theog that accused (Lakshmi Singh) gave beatings to his mother Smt. Savitri Devi, PW-2. On the aforesaid information PW-11, H.C. Vijay Kumar along with Constable Narinder Kumar PW-4 visited the spot. On reaching the spot, the complainant gave a written complaint, Ext.PW-1/A stating therein that on 2.7.2006, he was present in his house and was cooking vegetables in the kitchen. When at that time, his mother was removing the grass from the courtyard, accused carrying 'danda' came from the path leading to village Kanog just below his courtyard and started exchanging hot words with his mother. The complainant further stated that the accused asked about the whereabouts of the complainant and asked her to call her son (complainant) to come outside and proclaimed to kill him. The mother of the accused tried to pacify the accused and requested him to go back to his house but accused forcibly trespassed in the courtyard. He also picked up a stone in his hand from the path and at that time, the complainant was seeing the accused from the window of the kitchen. The mother of the complainant tried to stop the accused, but the accused hit the stone on left leg of his mother, as a result of which, she came inside the kitchen. Thereafter, accused forcibly came inside the kitchen and ran towards the complainant in order to give him beatings. However, mother of the complainant came in between accused and the complainant. The accused firstly threatened that he would kill the mother of the complainant and gave blow of danda on the left side of the head of the mother of the complainant, as a result of which, blood started oozing out of her head.

(3.) Learned Judicial Magistrate, Ist Class, Theog, District Shimla, after satisfying itself that prima facie case exists against the accused person put a notice of accusation, to which he 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 452, 323 and 506 of the IPC and convicted and sentenced him as per description already given above.