DHARAM PAL Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Sessions Judge, Solan in Session trial No.13-S/7 of 2006 whereby the appellant-accused has been convicted for having committed offences under Section 224 of the Indian Penal Code and Section 30 of the Arms Act. He has been sentenced to undergo imprisonment of two years and to pay fine of Rs.5000/- in respect of offence under Section 324 IPC and in default of payment of fine to undergo further imprisonment of six months. In respect of the conviction under Section 30 of the Arms Act he has been directed to undergo simple imprisonment of six months and to pay fine of Rs.1000/- and in default of payment of fine to undergo further simple imprisonment of one month. Both the sentences have been ordered to run concurrently.

(2.) THE prosecution case, in brief, is that the accused had consumed alcohol. Thereafter, he beat his wife Kunti Devi, PW-2. Kunti Devi left for the house of her parents alongwith their son Dharaminder. From there she went to Baddi and then returned to the house of her parents alongwith their elder son Rajeev Kumar, PW-3. The accused came to his in-laws house on 2.1.2006 and his wife Kunti Devi returned to her matrimonial home with him alongwith her two sons.

(3.) PW -2 Kunti Devi and PW-3 Rajeev Kumar have clearly supported the prosecution version. She has stated that on 3rd January, 2006 the accused after consuming liquor gave her beating. Thereafter, she and her sons ran from house out of the fear but the accused managed to over- power them at a place called Chunarkanata and fired a shot from his gun which struck her left leg. PW-3 Rajeev Kumar is the son of the accused. He has also supported this version of the prosecution.