PARSHOTAM SINGH Vs. STATE OF J. & K.

JUDGEMENT

(1.) The instant appeal is directed against the judgment of conviction dtd. 27/3/2008 passed by the court of learned Principal Sessions Judge, Udhampur (hereinafter to be referred as 'the trial court') by virtue of which the appellant has been convicted for the commission of offences under Ss. 451 and 323 RPC and sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.2,000.00 for commission of offence under Sec. 451 RPC and imprisonment for a period of one year for commission of offence under Sec. 323 RPC. In default of payment of fine, the appellant has been ordered to undergo further one month's imprisonment.

(2.) The appellant has assailed the judgment dtd. 27/3/2008 on the ground that the learned trial court has not appreciated the evidence in its right perspective and that the Investigation Officer who had conducted the investigation was not examined as a witness to explain the contradictions in the prosecution evidence and site plan of the place of occurrence was also not proved.

(3.) Mr. A. S. Khera, learned counsel for the appellant submits that the falsity of the prosecution case is established by the judgment itself as the appellant was acquitted of the charge for commission of offence under Sec. 304 RPC and was convicted only for commission of offences under Ss. 451 and 323 RPC. He has further argued that the learned trial court has not appreciated the evidence in its right perspective, as such, has erroneously convicted the appellant. He has further argued that the appellant is a poor man and sole bread earner of his family comprising of his mother, wife and son, as such, lenient view may be taken.