KARAN RAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant Criminal Revision Petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, is directed against the judgment dated 11.6.2009, passed by learned Sessions Judge, Hamirpur, District Hamirpur, H.P., in Criminal Appeal No.26 of 2009, affirming the judgment of conviction and sentence, dated 2.3.2009, passed by learned Chief Judicial Magistrate Hamirpur, District Hamirpur, H.P., in criminal Case No.233-I of 2007/20-II of 2008, whereby the learned trial Court while holding petitioner-accused guilty of having committed the offence punishable under Sections 323 and 341 of IPC, convicted and sentenced him as under:-

(2.) In nutshell, the case of the prosecution is that on 13th August, 2007, complainant namely Rajat Sharma (PW-5) alongwith his friend Abhishek Kumar(PW-2) were going towards Government Degree College, Hamirpur and when they reached near bus stand, Hamirpur at about 11:30 A.M. suddenly a vehicle bearing registration No. HP-22-T-9144 came there and it was stopped near them. The petitioner-accused namely Karan Rana (hereinafter referred to as the accused) got down from the vehicle and started giving fist and leg blows to both of them i.e. PW-2 and PW-5. He accused them of sending obscene SMS to him. Lateron, shopkeepers came on the spot and rescued them. In the aforesaid scuffle, which allegedly took place between the complainant and the accused, Abhishek Kumar (PW-2) and Rajat Sharma(PW-5) suffered injuries.

(3.) Learned trial Court after satisfying itself that a primafacie case exists against the accused, put notice of accusation under Sections 341 and 323 of IPC to the accused, to which he pleaded not guilty and claimed trial.