SHIV LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) In this Revision Petition filed under the provisions of Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, convict -petitioner has assailed the judgment dated 28.12.2009 / 29.12.2009, passed by Judicial Magistrate, 1st Class, Theog, District Shimla, H.P., in Criminal Case No. 194/1 of 2007, titled as State of H.P. Versus Mohan Lal & others, as affirmed by the learned Additional Sessions Judge, Fast Track Court, Shimla, H.P., vide judgment dated 02.03.2013, passed in Criminal Appeal No. 9 -S/10 of 2010, titled as Shiv Lal Versus State of H.P., whereby he stands convicted and sentenced alongwith other co -accused as under: - Convicted Sentence imposed under Sections 341 read with Rigorous imprisonment for a period of one Section 34 of month. IP C 325 read with Rigorous imprisonment for a period of one Section 34 of year and pay fine of Rs.1000/ - and in default IP C thereof further to undergo simple imprisonment for a period of one month. 506 read with Rigorous imprisonment for a period of six Section 34 of months and pay fine of Rs.500/ - and in default IP C thereof further to undergo simple imprisonment for a period of fifteen days .

(2.) On the basis of written complaint, so filed by complainant Ms. Shanti Devi (PW.3), FIR 59/2007, dated 31.03.2007 (Ex.PW.2/A), came to be registered under the provisions of Section 341, 323, 336 and 506 read with Section 34 of the Indian Penal Code, at Police Station, Theog, District Shimla, H.P. Investigation conducted by HC Parkash Chand (PW.1) and ASI Het Ram (PW.4), revealed that on 30.03.2007, at about 6.30 PM, convicts Mohan Lal, Dh ani Ram, Kapil Dev and Shiv Lal, assaulted the complainant and her daughter Smt. Vidya Devi (PW.7). As a result thereof, complainant Ms. Shanti Devi sustained both grievous and simple injuries, which came to be affirmed by Dr. Pawan (PW.5), who issued MLC (Ex.PW.5/B). The convicts allegedly assaulted the complainant and her daughter with danda, which came to be recovered during the course of investigation. With the completion of investigatio n, which prima facie revealed complicity of the convicts in the alleged crime, Challan was presented in the Court for trial.

(3.) The convicts were charged for having committed offences punishable under the provisions of Sections 341, 325, 323, 427 and 506 read with Section 34 of IPC, to which they did not plead guilty and claimed trial.