STATE OF HIMACHAL PRADESH Vs. PREM CHAND

JUDGEMENT

(1.) Instant Criminal Revision petition filed under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, is directed against the judgment, dated 6.12.2007, passed by learned Additional Sessions Judge, Fast Track Court, Kullu, District Kullu, H.P., in Criminal Appeal No.2 of 2007, modifying the judgment of conviction and order of sentence, dated 2.1.2007, passed by learned Judicial Magistrate 1st Class, Manali, District Kullu, H.P., in Criminal case No. 981/2006/17II/2006, whereby learned trial Court while holding petitioneraccused guilty of having committed an offence punishable under Sec. 325 of IPC, convicted and sentenced him to undergo rigorous imprisonment for a period of six months and to pay fine of Rs.2000/ and in default of payment of fine, to further undergo simple imprisonment for a period of one month.

(2.) In nutshell, the case of the prosecution is that on 17.11.2005, at 10:05 AM complainant, who was reading newspaper in the compound of his house, was attacked by the accused. At about 10:30 AM, younger brother of the complainant i.e. accused Prem Chand, questioned the presence of tenant of the complainant in the compound of the house. Since, the complainant objected to the utterances of the accused, accused picked up wooden stick ('danda) lying in the compound of the house and inflected injuries on the head and left arm of the complainant, as a consequences of which, complainant suffered grievous as well as simple injuries. Subsequently, matter came to be reported to the police by the complainant, on the basis of which, a formal FIR Ex.PW5/B came to be lodged against the accused. After completion of the investigation, police presented the challan in the competent court of law i.e. Judicial Magistrate, 1st Class, Manali, District Kullu, H.P.

(3.) Learned trial Court on the basis of the evidence adduced on record by the respective parties, held accused guilty of having committed the offence punishable under Sec. 325 of Penal Code vide judgment dated 2.1.2007 and accordingly convicted and sentenced him as per the description given hereinabove.