RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of the present revision petition, the petitioner has challenged the judgment passed by the Court of learned Sessions Judge, Shimla, in Criminal Appeal No. 9- S/10 of 2008 dated 29.08.2009, vide which judgment, learned Appellate Court partly allowed the appeal filed by the present petitioner by acquitting him for commission of offence punishable under Section 506 Indian Penal Code (for short 'IPC') but upheld the judgment of conviction and sentence imposed upon present petitioner by the learned trial Court in Criminal Case No. 19-1 of 2007, dated 21.2.2008 convicting the petitioner for commission of offences punishable under Section 325 of IPC.

(2.) The case of the prosecution was that on19.12.2006, at around 12:25 noon, complainant had asked the accused in Kotkhai bazaar to return an amount of Rs. 3,000/- which the accused owed to the complainant. The accused got enraged on the complainant demanding said money from him and he physically assaulted the complainant with kicks and fist blows on his face, as a result of which, blood started oozing out from the nose of the complainant.

(3.) On the basis of material produced on record by the prosecution, both ocular as well as documentary, learned trial Court concluded that prosecution had proved its case against the accused for commission of offences punishable under Sections 325 and 506 of IPC beyond reasonable doubt and accordingly it convicted the accused for commission of offences punishable under Sections 325 and 506 of IPC.