KAMLA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since all the appeals arise from the same judgment and common questions of law and facts are involved, all the appeals were taken up together for hearing and are being disposed of by this common judgment.

(2.) The accused were convicted by the learned Judicial Magistrate 1st Class, Karsog District Mandi, Himachal Pradesh in Police Challan No. 36-11-2010 instituted on 20.3.2010 under Sections 353, 332, 147, 149, 504 and 506 IPC and Section 3 of the Prevention of Damage to Public Property Act and sentenced the accused in the following manner: <FRM>JUDGEMENT_333_LAWS(HPH)7_2016_1.html</FRM>

(3.) All the accused filed separate appeals before the first appellate Court against their conviction. Vide judgment dated 12.2.2015, the learned Additional Sessions Judge-I, Mandi (camp at Karsog) allowed Cr. Appeals No. 64, 65, 66, 68, 69 and 70 of 2012 and acquitted the accused. Cr. Appeal No. 67/2012 preferred by accused Mahinder Lal and Kamla Devi was partly allowed. Accused Mahinder Lal was acquitted of all the charged sections. Accused Kamla Devi was also acquitted of the offences under Sections 147, 332, 504 and 506 read with Section 149 IPC and Section 3 of the Prevention of Damage to Public Property Act. However, she was convicted under Section 353 IPC. Her sentenced was modified and she was convicted and sentenced to pay Rs. 5,000/- for offence under Section 353 IPC. It is in these circumstances that the State has come in appeal against the acquittal of the accused and accused Kamla Devi has come against her conviction under Section 353 IPC in Cr. Appeal No. 169/2015.