PIARE LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of present Criminal Revision filed under Section 397 read with Section 401 of the Code of Criminal Procedure, petitioner has assailed the judgment dated 1st September, 2008 passed by learned Sessions Judge, Hamirpur, H.P in criminal Appeal No.53 of 2008, affirming the judgment passed by learned Chief Judicial Magistrate, Hamirpur, in Criminal case No.49 -I of 2007/66 -II of 2007, dated 1st July, 2008, whereby petitioner (hereinafter referred to as the accused) was held guilty for the commission of offences punishable under Sections 451, 323 and 506 of Indian Penal Code. However, the petitioner was acquitted for the commission of offence punishable under Section 341 of Indian Penal Code. Subsequently, vide separate order passed on 1.7.2008, learned Chief Judicial Magistrate, Hamirpur, H.P rejecting the prayer for taking a lenient view sentenced the accused as below: -

(2.) Briefly stated facts of the case are that the Sanjeev Kumar, PW -1(hereinafter referred to as the complainant) went to the Police Station, Hamirpur on 10.11.2006, at about 11:30 AM and lodged the FIR Ex.PW1/A that at about 10:30 AM, he was present in his office when accused came there and asked for air pump from him. However, that request of the accused was refused by the complainant and the accused forcibly picked up the air pump. When the complainant asked him not to do so, the accused went to the adjacent shop of Bishan Dass (PW - 3),who was a Tyre Puncture Repairer, and brought a tyre lever (iron rod) out of the shop and gave a blow with the same on the head of the complainant causing bleeding injury to the complainant. The petitioner -accused while leaving the place threatened the complainant that in case he reported the matter to the police, he will face dire consequences.

(3.) After lodging of the FIR, the police went to the spot and prepared the site plan Ex.PW7/A, and made recovery of iron rod Ex.P -1 from the complainant vide memo Ex.PW1/B, and sealed the same in a cloth parcel with seal "P". The complainant also produced his blood stained shirt Ex.P2, which was also taken into possession by the police vide recovery memo Ex.PW1/C in the presence of the witnesses and it was also sealed with the same seal. Thereafter, the police took the complainant to Dr. D.V. Kulkarni (PW -5), who medically examined the complainant and gave opinion MLC Ex.PW5/A. Thereafter, the accused - petitioner was arrested and after completion of the investigation of the matter, the challan was prepared against the petitioner -accused under Sections 451, 323, 341 and 506 of Indian Penal Code. Subsequently, on 28th March, 2007, challan was presented in the Court of learned Chief Judicial Magistrate, Hamirpur, H.P.