ONKAR CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) Present criminal revision petition filed under Sec. 397 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. 24 of 2008, affirming the judgment passed by learned Chief Judicial Magistrate, Hamirpur, HP, whereby the petitioner-accused namely Onkar Chand had been sentenced to undergo simple imprisonment for a term of six months and to pay fine of Rs. 1,000.00 and in default to undergo simple imprisonment for one month for the commission of offence punishable under Sec. 323 of IPC; and to undergo simple imprisonment for a period of one year and to pay fine of Rs. 2,000.00 and in default to undergo simple imprisonment for a period of two months for the commission of offence punishable under Sec. 325 of Penal Code. Both the substantive sentences of imprisonment have been ordered to run concurrently.

(2.) Briefly stated facts as emerge from the record are that on 5.11.2008, complainant, Neelam Kumari, visited the Police Station, Hamirpur and alleged that on 4.11.2006, when she was present in her house along with her son Ankit about 8 PM, accused Onkar Chand neighbourer, started giving beatings to Ankit, by stating that Ankit was abusing him. It also emerges from the record that Ankit is mentally challenged since his birth and as per the complainant; he is/was unable to comprehend anything. She told the petitioner-accused that Ankit cannot understand anything and thereafter, accused entered their house and also gave beatings to the complainant. She specifically alleged that the petitioner-accused tore away her shirt also and in the meanwhile, her husband (Kishori Lal) also returned from the work and he intervened. Then, the accused gave blow to her husband on his mouth, as a result of which, blood started oozing out from his mouth. His one tooth was also loosened. On the basis of aforesaid complaint, police registered FIR i.e. Ext.PW-8/A and also moved an application Ext.PW-8/B to the Medical Officer, for medical examination of the injured persons and got the complainant, her son and her husband medically examined by Dr. S.K. Kashmiri, who vide MLCs Ext.PW-1/A, Ext.PW-1/C and Ext.PW-1/B rendered his medical opinion. Record further reveals that Kishori Lal was also medically examined for teeth injuries by PW-5, Dr. Chaman Kant, who conducted his dental examination and advised X-rays. X-rays were taken and the fracture of crown was detected in the X-rays. PW-8 Satish Kumar ASI investigated the matter and after visiting the spot prepared site plan. He after recording the statement of aforesaid witnesses came to conclusion that prima facie case exists under Sec. 451, 323 and 325 IPC against the accused and accordingly, presented the challan in the Court of learned Judicial Magistrate, Hamirpur, on 17.11.2008.

(3.) Learned Trial Court taking cognizance of the averments contained in the challan as well as documents annexed therewith, summoned the accused and framed charges against him for having committed offences punishable under Sections 451, 323 and 325 IPC, to which petitioner-accused pleaded not guilty and claimed trial.