PAWAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Instant criminal revision filed under Section 397 read with Section 401 CrPC is directed against judgment passed by learned Sessions Judge, Kangra at Dharamshala (HP) on 13.2.2009 in Cr. Appeal No. 10-G/X/2006, affirming the judgment of conviction dated 9.1.2006, recorded by learned Additional Chief Judicial Magistrate, Dehra, District Kangra, in Crl. Case No. 105- II/2001, whereby petitioner alongwith co-accused was held guilty of having committed offence punishable under Sections 451, 323 and 325 read with Section 34 IPC. Petitioner alongwith co-accused was convicted and sentenced to undergo six months' simple imprisonment and fine of Rs. 1,000/- each for the commission of offence under Section 451 IPC, to undergo one year rigorous imprisonment and fine of Rs.2,000/-each under Section 325 IPC and further, to undergo three months simple imprisonment and fine of Rs.500/-each under Section 323 IPC. In default of payment of fine, both the persons were further sentenced to undergo simple imprisonment, for three months.

(2.) Briefly stated, facts as emerge from record are that complainant namely Vandana, PW-2, lodged Rapat at Police Station, Dehra, alleging therein that on 23.4.2001, in the morning, at around 8.30 am, cow of accused Pawan Kumar came into her orange orchard at village Damnal, Tehsil Jaswan, District Kangra, Himachal Pradesh, on this, complainant's grandmother Krishni Devi asked accused to take his cow away. However, accused Pawan Kumar came to the complainant's courtyard, and started abusing and thereafter, accused picked up stick lying there, and gave beatings to the complainant's mother and grandmother, PW-3 and PW-4. Coaccused Sushil Kumar assaulted on the face of the complainant with fist blows and in the meantime, some persons of the village also came there. Raj Kumar had witnessed the occurrence, who allegedly rescued the complainant from the accused. As a result of beatings, complainant sustained injuries on her left ear and other parts of the body. On the basis of aforesaid rapat, formal FIR Ext PW-6/C, came to be registered against the accused. After completion of investigation, police presented Challan in the competent Court of law against accused, for having committed offences punishable under Sections 325, 451 and 323 read with Section 34 IPC.

(3.) Learned trial Court, on being satisfied that prima facie case exists against the accused, framed charges against them under Sections 451, 323 and 325 read with Section 34 IPC, to which the accused pleaded not guilty and claimed trial. Learned trial Court, on the basis of evidence adduced on record by the prosecution, held petitioner guilty of having committed offences punishable under Sections 451, 323 and 325 read with Section 34 IPC and convicted and sentenced both the accused as per description given herein above.