KALIA RAM Vs. STATE OF H P

JUDGEMENT

(1.) The present criminal revision petition filed under Sections 397/401 of the Cr.PC, is directed against the judgment dated 4.3.2011, passed by the learned Additional Sessions Judge, Mandi, HP, in Criminal Appeal No. 46 of 2006, partly modifying the judgment of conviction and order dated 18.11.2006 and 21.11.2006, respectively, passed by the learned Additional Chief Judicial Magistrate, Sundernagar, District Mandi, HP, in Police Challan No. 812-I/2001, whereby the accusedpetitioner has been sentenced as under:-

(2.) Briefly stated facts as emerged from the record are that on 24.7.2001, at about 8:00 AM, the present petitioner-accused after wrongfully restraining the complainant Chinta Devi, caused her simple injuries on her hand by a sharp edged weapon and also criminally intimidated and threatened her. As per prosecution story, on the date of occurrence, the complainant (PW1)along with her son Satpal (PW2), was cutting grass from government land and at about 8:00AM, accused came on the spot and tried to prevent the complainant from cutting the grass. Complainant inquired as to who was he to make such an inquiry. The accused started abusing the complainant and gave her beatings and inflicted a blow of sickle (Darati) on her left hand, as a result of which, the complainant suffered injury on her hand. Accused also criminally intimidated and threatened the complainant and thereafter fled away from the spot after raising of alarm by the complainant. Matter was reported to the Police Station, Sundernagar at about 11:00 am, on the basis of which, FIR No. 227/2001 dated 24.7.2001 came to be registered against the accused for having committed offence punishable under Sections 323, 341, 504 IPC. Police got complainant medically examined at Civil Hospital Sundernagar where she was examined by Dr. H.K. Abrol, Medical Officer, who opined that the complainant suffered simple injuries by means of sharp edged weapon. Police, during the investigation, took into possession the weapon of offence and after preparing the spot map also recorded the statements of witnesses under Section 161 of the Cr.PC. After completion of investigation, police presented the Challan before the competent court of law.

(3.) Learned Additional Chief Judicial Magistrate, Sundernagar, Mandi, HP, after satisfying itself that prima facie case exists against the accused, 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 341, 324 and 504 of the IPC and convicted and sentenced him as per description already given above.