BHAJAN SINGH Vs. STATE OF H P

JUDGEMENT

(1.) The present revision petition has been preferred under Section 397 and 401 read with S. 482 of the Code of Criminal Procedure for setting aside the judgment and order dated 18.7.2001 passed by the learned Additional Sessions Judge, Solan, camp at Nalagarh, District Solan, H.P. in Criminal Appeal No. 19-NL/10 of 1999 confirming the judgment dated 24.11.1999 passed by the learned Sub-Divisional Judicial Magistrate, Nalagarh, District Solan, H.P. in Case No. 174/2 of 1996, whereby, the verdict of learned S.D.J.M., Nalagarh holding the accused-revisionists guilty of offence under Section 324, IPC has been affirmed whereby sentence of imprison-ment for 6 months was awarded in addition to pay fine of Ripees 1500/- each for offence under Section 324 I.P.C. and in default of payment of fine, they have been directed to undergo further imprison-ment for 6 months.

(2.) The prosecution case is that on 29- 10-1996 at 7.30 a.m. the accused- petitioners-revisionists (hereinafter referred to as the revisionists) caused hurt to Pratap Singh with a sharp edged weapon and threatened him to kill. FIR was lodged and the police investigated the case and on investigation, charge sheet was framed for their alleged involvement under Section 324/506 IPC.

(3.) In order to prove its case, the prosecution in all has examined nine witnesses, whereas none from the defence side. On appreciation of evidence and on the basis of the material available on record, the learned S.D.J.M. found the revisionists guilty of offence under Sections 324 IPC and sentenced them as aforesaid. Feeling aggrieved, the revisionists had preferred Criminal Appeal No. 19-NL/10 of 1999, learned Additional Sessions Judge. Solan camp at Nalagarh, District Solan, H.P.. while adjudicating the appeal has also discussed the prosecution witnesses and materials on record.