LAWS(HPH)-2007-7-62

BABU RAM Vs. STATE OF H.P.

Decided On July 24, 2007
BABU RAM Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) THE learned Sessions Judge affirmed the judgment of conviction and sentence of the trial Court under Sections 325 and 323 of the Indian Penal Code which has been assailed in this revision petition.

(2.) ACCORDING to the prosecution case, complainant Lekh Ram (PW2) while returning to his home was laid by the petitioners. Boru Ram petitioner is alleged to have gripped him by both the arms and petitioner Babu Ram gave danda blow on his head and other parts of the body. Lekh Ram injured was pushed to the ground. He had sustained many injuries and fracture of his left fore-arm. During beatings, Roop Ram (PW4) and Puran Chand intervened and rescued him from the petitioner. FIR Exhibit PW5/A was lodged in the Police Station.

(3.) FINDING a prima facie case against the petitioners herein, they were charge-sheeted under Section 325/323 read with Section 34 of the Indian Penal Code. They pleaded not guilty and claimed trial.