KULDEEP SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This revision petition has been filed by petitioner/ accused against the judgment passed by the Court of learned Sessions Judge, Chamba, in Criminal Appeal No. 17 of 2008 dated 08.01.2009, vide which judgment, learned Appellate Court while dismissing the appeal filed by the present petitioner has upheld the judgment of conviction passed against him by the court of learned Judicial Magistrate 1st Class, Dalhousie, District Chamba dated 08.05.2008, vide which, the petitioner was convicted for commission of offence punishable under Sections 323 and 325 of Indian Penal Code (for short 'IPC'). Learned trial Court sentenced the present petitioner to undergo simple imprisonment for six months for commission of offence punishable under Section 323 of IPC and to undergo simple imprisonment for one year alongwith fine of Rs. 1,000/- for commission of offence punishable under Section 325 of IPC. Both the sentences of imprisonment were ordered to run concurrently.

(2.) The case of the prosecution was that on 22.12.1998 at around 9:00 a.m. at Naghog, accused attacked complainant Vidya Devi with a sickle/drat, as a result of which she suffered injuries. Complainant was taken to the hospital and on the basis of her statement, FIR was registered. Complainant was got medically examined and her medical examination revealed that she had sustained both simple as well as grievous injuries. After the completion of investigation, challan was filed against the accused in the Court. As a prima-facie case was found against the accused, he was charged for commission of offences punishable under Sections 323 and 325 of IPC to which he pleaded not guilty and claimed trial.

(3.) On the basis of material produced on record by the prosecution, both ocular as well as documentary, it was held by the learned trial Court that the prosecution had successfully established its case against the accused for commission of offences punishable under Section 323 and 325 of IPC and accordingly, learned trial Court convicted the accused for commission of said offences. It was held by the learned trial Court that complainant Vidya Devi, who entered the witness box as PW1, had categorically proved that on 22.12.1998, when she had gone to the cow-shed to tie the cattle, the peg to tie the cattle was found broken. When she inquired from her daughter as to who had broken the peg, her daughter told that the same was broken by Kuldeep i.e. accused. In the meantime, accused Kuldeep came there and stated that he had broken the Pegs. He attacked the complainant with sickle/drat and caused injuries to her.