RAMESH CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This revision petition under section 397 of the Code of Criminal Procedure, 1973 (for short the 'Code') takes exception to the judgment rendered by the learned Sessions Judge, Shimla, whereby he affirmed the judgment passed by the learned Judicial Magistrate Ist Class, Theog, Shimla, convicting and sentencing all of them to suffer rigorous imprisonment for one year each under Sec. 325 Penal Code and to pay the fine in the sum of Rs. 1,000.00 each and in default to pay the fine they have been further sentenced to undergo simple imprisonment for one month each. They have been further sentenced to undergo simple imprisonment for three months each under Sec. 323 Penal Code.

(2.) The prosecution story, in brief, is that on 19.11.2005, the complainant Kali Ram (PW2) reported the matter to the police that he is a labourer by profession and he alongwith his friends Baldev Singh (PW5), Hari Ram (PW1), Dalip Singh (PW4) and Balak Ram (PW6) had gone to Kinnaur in connection with labour work. On 18.11.2005, they were coming to their homes and dis-boarded the bus at place Deothi, then accused Mathu Ram and Chandresh came from Deothi side while accused Ramesh and Balak Ram came to the spot holding sticks in their hands and gave beatings to the complainant with sticks and pelted bricks. A brick struck on the head of the complainant and resultantly he fell down. His brother Suresh Kumar was also beaten. The relations of the complainant and accused persons were inimical as there were land disputes inter se them. Rapat Ex.PW8/A and thereafter FIR Ex.PW10/A was registered against the petitioners.

(3.) The investigation was carried out and after completion of investigation challan was presented against the petitioners in the Court under Sections 323, 325 read with Sec. 34 ofIPC.