DHARAM CHAND Vs. STATE OF H P

JUDGEMENT

(1.) The instant revision petition stands directed against the impugned judgment of 28.4.2010 rendered by the learned Additional Sessions Judge, FTC, Kullu in Criminal Appeal No. 07/2010, whereby he affirmed the judgment of 20.1.2010 rendered by the learned Judicial Magistrate, 1st Class, Manali, District Kullu, H.P. in Criminal Case No. 48-1/09: 46-II/09 whereupon the petitioner herein (hereinafter referred to as "accused") stood convicted besides sentenced for his committing an offence punishable under Section 326 of IPC.

(2.) Brief facts of the case are that on 5.11.2008 at 8 a.m. complainant Pawna Devi, her husband Chunni Lal and nephew Kuldeep were present in the room of the house. In the upper story of the room of the house of the complainant, her brother-in-law (Jeth)/accused also resides along with his family. On the draining of water from the upper story of the room in which the accused along with his family resides, the complainant went upside and informed the accused with regard to the falling of water on her bed. On this accused started abusing her. The complainant came out to the verandah of the house. The husband of the complainant also arrived there. Accused in presence of Kuldip hit Chunni Lal with knife in his stomach and also threatened him to do away with his life and fled away. The injured thereafter was shifted to Mission Hospital, Manali for medical treatment. On the same day at 8.30 a.m. the complainant reported the matter to the police of Police Station, Manali through telephone. Rapat No. 15(a) was registered. After completing all codal formalities and on conclusion of the investigation into the offence by the investigating Officer, allegedly committed by the accused challan was prepared and filed in the Court

(3.) The accused stood charged by the learned trial Court for his committing offence punishable under Sections 326 and 506 IPC to which he pleaded not guilty and claimed trial.