PRAKASH CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present revision petition under Section 397 of the Code of Criminal Procedure (for short the 'Code') is directed against the judgment passed by the learned Sessions Judge, Chamba, District Chamba, H.P. on 28.06.2010 in Criminal Appeal No.9 of 2009 whereby he dismissed the appeal filed by the petitioner and upheld the judgment passed by the learned Judicial Magistrate 1st Class, Dalhousie, District Chamba, H.P. on 29.09.2009 and 12.10.2009 in Criminal Case No.56-II of 2001, whereby the petitioner was convicted and sentenced to undergo simple imprisonment for two years and to pay fine of Rs.1,000/- under Section 326 of IPC and in default of payment of fine, the petitioner was directed to undergo further simple imprisonment for two months and under Section 323 of IPC, the petitioner was directed to undergo simple imprisonment for three months. Both the sentences were directed to run concurrently.

(2.) The prosecution case, in brief, is that on 01.06.2001 at about 8.00 a.m., one Gian Chand was taking his oxen to his fields for cultivation purpose. At about 8.15 a.m., when the oxen reached near the house of the accused, one of the ox jumped over the other ox, as a result of which, one of them fell in the compound of the accused. At this, the accused started hitting the ox with 'danda'. In the meantime, one Sudesh son of Gian Chand returned from the shop to his house and found that one ox has fallen in the compound of the accused. He immediately went there and enquired as to if any injury has been suffered by any child. The accused in the meantime, who was hitting the ox with the 'danda', gave its blow on the head of Sudesh. However, Gian Chand father of Sudesh asked him to leave his house and thereby scuffle was averted. The oxen were taken to the fields by Gian Chand, whereas, Sudesh returned to his house. When Sudesh Kumar reached at his house, the accused also followed him and started administering beatings to him. The accused also gave a tooth bite on the left ear of the complainant and thereby one piece of the ear was cut of. The mother, wife and brother-in-law of Sudesh Kumar came to his rescue. Thereafter, the matter was reported to the police. Medical examination of the complainant was conducted. The police after completion of investigation prepared the challan and presented the same in the Court for the offence punishable under Sections 326, 451 and 506 IPC.

(3.) On production of challan in the Court, the accused was summoned and heard on charge. On finding sufficient material on the file, the learned trial Court proceeded to frame the charge against the accused for the offence punishable under Sections 326, 323, 451 and 506 of IPC to which he pleaded not guilty and claimed to be tried. Thereafter, prosecution evidence was recorded. The trial ended in conviction and thereby the accused was convicted and sentenced as aforesaid.