KULWINDER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner alongwith one Jastej Singh, was charged for the commission of offence punishable under Section 506/34 IPC and Section 27 of Indian Arms Act (for short 'Act') by the learned Judicial Magistrate Ist Class, Court No.1, Paonta Sahib, District Sirmaur, H.P., and both the accused were sentenced and convicted to undergo simple imprisonment for three months each and to pay a fine of Rs. 1,000/- each under Section 506 IPC and further sentenced to undergo simple imprisonment for three months and to pay a fine of Rs. 1,000/- each under Section 30 of Indian Arms Act and in default of payment of fine to undergo simple imprisonment for one month. Both these sentences were ordered to run concurrently.

(2.) The appeal filed against the said conviction by coaccused Jastej Singh was accepted whereas the appeal filed by the present petitioner was dismissed by the learned Sessions Judge vide judgment dated 01.08.2011 and aggrieved thereby, the petitioner has filed the instant revision petition.

(3.) The case of the prosecution was that on 19.06.2002 at about 10.30.PM, complainant Mukesh Rathore reported to the police vide application Ext.PW1/A that on 19.06.2002, he was on night duty at Govindghat barrier and at about 9.30 PM, one Qualis vehicle came at the barrier, which was followed by one Esteem vehicle bearing No.PB-10AD-6117, the driver thereof was wearing white Kurta and Pyjama and was continuously blowing the horn and was asking to open the barrier. The complainant at that time was busy in issuing slip to Qualis vehicle. The complainant had asked the driver of Esteem vehicle to wait for some time, but the person occupying the rear seat of the vehicle who was none other than the petitioner, brandished a pistol at him by taking out his hand from the window of the vehicle and while doing so, threatened to do away with his life.