SHER SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present Revision Petition has been filed by convict Sher Singh feeling aggrieved and dis-satisfied by the judgment of conviction and sentence passed by the learned trial Court under 324 read with Section 34 of the Indian Penal Code, which was upheld in appeal by the learned Sessions Judge, Kangra, in Criminal Appeal No. 3-K/X-2007, decided on 22.12.2012.

(2.) Precisely, the case of the prosecution can be stated thus. On 30.5.2001, injured PW-1 Parmodh Kumar was sitting on the counter of his shop. At about 2.00 p.m., Rakesh Kumar alongwith the petitioner herein and Rajesh Kumar, who were drunk, came in a van bearing registration No. PB-10-9001 and entered into the shop of the complainant. Rakesh Kumar picked up a bottle of cold drink, broke and dashed it against the head of PW-1 Parmodh Kumar. The petitioner and his other accomplices gave beatings to the complainant. They also ransacked his shop and caused damage. Bablu, who happened to be present there, intervened and saved the injured.

(3.) The matter was reported to the police. FIR was lodged. The injured was medically examined by PW-4 Dr. Amar Verma. He issued MLC Ext. PW-4/A. There was a clear incised wound near left eye brow which was 6 x 2 c.m. in size with active bleeding and a clear incised wound in the centre of forehead, 3 x 2 c.m in size, having active bleeding. In the opinion of the doctor, the injury could have been caused by a sharp edged broken bottle.