PARVINDER KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition is maintained by the petitioner/accused/convict (hereinafter referred to as "the accused") challenging the judgment dated 30.03.2009, passed by learned Additional Sessions Judge, Fast Track Court, Kullu, District Kullu, H.P., in Criminal Appeal No. 17 of 2007, whereby the judgment, dated 11.07.2007, passed by learned Judicial Magistrate 1st Class, Manali, District Kullu, H.P., in Criminal Case No. 242-1/2006/31-II/2006, was upheld and the conviction of the accused was affirmed.

(2.) Brief facts giving rise to the present revision can tersely be summarized as under:

(3.) The learned Trial Court vide its judgment and order dated 11.07.2007 and 12.07.2007, respectively, convicted the accused and sentenced him to undergo simple imprisonment for a period of one year and to pay fine of Rs. 1,500/- (rupee one thousand five hundred) and in default of payment of fine to undergo simple imprisonment for a period of three months under Section 353 IPC. The accused was also sentenced to undergo simple imprisonment for a period of one year and to pay fine of Rs. 2,000/- and in default of payment of fine to undergo simple imprisonment for a period of three months under Section 332 IPC. It was also ordered that out of fine amount, Rs. 2,000/- (rupees two thousand) shall be paid, as compensation to the complainant. The accused (petitioner herein) preferred an appeal in the learned Appellate Court against the judgment and order of the learned Trial Court, but unsuccessfully. The learned Appellate Court vide impugned judgment dated 30.03.2009 upheld the judgment of the learned Trial Court and reduced the sentence of the accused. The learned Appellate Court sentenced the accused for simple imprisonment for one year under Section 353 IPC and under Section 332 IPC he was sentenced to undergo simple imprisonment for six months.