PIAR CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 24.10.2007 passed by the learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamsala, in Criminal Appeal RBT No.4 - P/X/2004/03 whereby he dismissed the appeal filed by the petitioner herein and upheld the judgment passed by the learned Judicial Magistrate Ist Class, Court No.2, Palampur, on 14.08.2003/29.08.2003, in criminal Case No.22 -II/2001.

(2.) The prosecution case, in brief, is that on 03.06.2001, complainant Veena Devi alongwith her mother -in -law Ahalya Devi and brother -in -law Harnam Singh submitted a report at Police Post, Thural vide rapat No.5 that on 03.06.2001 at about 8.30 a.m., while she was present at home, accused was making a 'Challa' (Water Channel) adjacent to her field and then the water started flowing towards her house. The complainant by putting a stone blocked the water channel but the accused removed the stone and threw it away. The mother of accused namely Mansa Devi advised accused not to do so, but to no avail and the accused again threw the stone. As per the complainant, when she again tried to put the stone, the accused subjected her to beatings with spade, as a result of which,she sustained injuries on the finger of her right hand. When the complainant raised alarm, her mother -in -law Ahalya Devi and brother -in -law Harnam Singh came on the spot and when they tried to save her from the clutches of the accused, the accused tore the clothes of Harnam Singh and pelted stones, as a result of which, he sustained injuries on his left knee and her mother -in -law sustained injury on the finger of her right hand. Thereafter, Reshma Devi, sister -in -law, of the complainant and children of the complainant came on the spot alongwith other people, who witnessed the incident. The accused hurled threats to their lives.

(3.) The police swung into action and after completing all the codal formalities, the Officer -in -charge submitted the challan against the accused before the trial Court for offence punishable under Sections 325, 323 and 506 IPC.