HARBANS LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) The instant revision petition, stands, directed by the accused/convict, against, the judgment rendered by the learned Additional Sessions Judge (Fast Track Court), Kangra, at Dharamshala, in criminal RBT Appeal No. 4-d/05/2003, wherethrough he affirmed the judgment, rendered on 27.5.2003/28.5.2003, by the learned Judicial Magistrate 1st Class, (I), Dharamshala, in case No. 108-II/02, whereupon, the latter returned findings of conviction, against, the accused/convict qua charges framed, under Section 326 IPC, and, consequently sentenced him, to, undergo six months simple imprisonment, and, to pay a fine of Rs. 15,000/-, and in default, was sentenced, to undergo simple imprisonment, for, one month.

(2.) The facts relevant to decide the instant case are that on 25.10.2002 at about 10:30 p.m. at village Haler, Police Station, Shahpur, complainant Chuni Lal was present in his house alongwith his sons Ravinder, Sunil Kumar and other family members. In the meantime, his nephew accused/appellant Harbans Lal came in the state of intoxication and asked the complainant why they were making noise. Upon this, son of Chuni Lal, Ravinder Kumar went to the Court-yard and asked the accused to go back. Consequently, accsued went to his house and came back with darat (sickle) in his hand and gave its blow to Ravinder Kumar on his right hand. Ravinder Kumar raised alarm after sustaining injuries. Blood started oozing out of the injury. Thereafter, accused fled away from the spot. The occurrence as reported to the Police and initially Rapat was lodged. Injured Ravinder was medically examined and his MLC revealed that he has sustained grievous injury having been caused by sharp weapon. In the light of said medical opinion, the relevant FIR was registered. After carrying out the necessary investigation, the challan was prepared and presented in the Court. The accused was produced to face the trial. The learned trial Court vide impugned judgment convicted and sentenced the accused/appellant under Section 326 IPC.

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