BHARTI RANA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Criminal revision petition No. 47 of 2009 filed under Section 397 of Cr.PC read with Section 401 of the Cr.PC, is directed against the judgment dated 23.3.2009, rendered by the learned Sessions Judge, Chamba Division, Chamba, HP, in Criminal Appeal No.20/2008, modifying the judgment of conviction recorded by the learned Judicial Magistrate, Ist Class, Dalhousie, District Chamba, H.P., in Cr. Case No.138-II of 1999, whereby the petitioner herein was held guilty of having committed offences under Sections 353 and 332 of the IPC and accordingly, was convicted and sentenced to undergo simple imprisonment for one year and to pay fine of Rs. 2000/- under Section 332 of the IPC and in default of payment of fine, to undergo further simple imprisonment for three months and under Section 353 of the IPC, simple imprisonment for one year and to pay fine of Rs. 2000/- and in default of payment of fine, to further undergo simple imprisonment for three months. However, fact remains that the petitioner herein feeling aggrieved and dis-satisfied with the judgment passed by the learned trial Court preferred an appeal before the learned Sessions judge, who vide judgment dated 23.3.2009, modified the judgment by convicting and sentencing the petitioner only under Section 332 of the IPC and imprisonment till the rising of the Court and to pay a fine of Rs. 2000/- and in default, to further undergo simple imprisonment for three months, whereas, criminal appeal No. 213 of 2009 has been filed by the State under Section 377 of the Cr.PC, against the judgment dated 23.3.2009, passed by the learned Sessions Judge Chamba in criminal appeal No. 20/2008, for enhancement of sentence of the petitioner.

(2.) Since both the cases have arisen from the common judgment dated 23.3.2009 passed in Criminal Appeal No. 20/2008, this Court vide order dated 4.10.2016 clubbed the same for final adjudication together, accordingly, same are being taken for disposal together since common question of law and facts are involved.

(3.) Briefly stated facts necessary for adjudication of the case are that on 18.5.1999, complainant Suresh Kumar lodged report with police Station R.H. Chowari, District Chamba, that petitioner-accused gave beatings to him while he was discharging his duty as a public servant. Police on the basis of aforesaid compliant registered FIR i.e. Ext.PA and thereafter carried out investigation. After the completion of investigation, police presented the challan under Sections 353 and 332 of IPC, in the competent Court of Law.