Misappreciation of evidence and lack of commonality between legal provisions led to the wrongful conviction of the accused.

Sureshwar Thakur, J.

The instant petition stands directed, against, the judgment recorded, on 29.06.2011, by the learned Addl. District & Sessions, Judge, Fast Track Court, Hamirpur, in Cr. Appeal No.50/2009, whereunder, he affirmed the pronouncement, of, acquittal, made upon, the petitioner herein, by the learned trial Court vis-a-vis, the charges framed, under Section 353, and, under Section 506 of the IPC, whereas, he proceeded to convict the accused/petitioner, for, his committing, an offence punishable under Section 352 of the IPC, and, thereafter proceeded, to, sentence him.

2. The facts relevant to decide the instant case are that on 19.12.2006 at about 4.35 p.m., Pradhan of Gram Panchayat Lohdar made a telephonic call to Police Station, Hamirpur. It was revealed by the complainant that a person has been creating scene and quarreling at the Panchayat Bhawan. In order to verify the information, ASI Satish Kumar along with police personnel went to the spot. Complainant Ramesh Chand, Pradhan Gram Panchayat, Lohdhar got his statement recorded with ASI Satish Kumar. It was revealed by him that on the same day there was quorum of the Panchayat and he along with Up Pradhan Sansar Chand, Secretary Ramesh Chand and Ward Members Asha Devi, Dharam Singh, Roshan Lal, Jagjit Singh, Pushpa Devi etc. were present. When the sixth case listed for the day was called then Parkash Chand forwarded an authority letter on behalf of Pushpa Devi, Sartaju Devi and Sunita Devi. As the case had been between him and Pushpa Devi and others. Ward members Roshan Lal, Jagjit Singh and Dharam Singh were dealing with the matter and when the talks were on, Parkash Chand turned on tape recorder so as to record the proceedings. The Panchayat objected to this act and told him that he cannot turn on the tape recorder. Parkash Chand did not mend his ways whereupon, Up Pradhan Sansar Chand tried to turn it off. At this Parkash Chand slapped the Up Pardhan Sansar Chand 3-4 times, whereas, they were at pains to save Sansar Chand. Parkash Chand caught Ward member Sukh Ram from his neck, whereas, he was threatening all of them. He lateron took away the cassette and broke it. On the basis of aforesaid statement, FIR was registered in the police station concerned against the accused and thereafter the police completed all the codal formalities.

3. On conclusion of the investigation, into the offences, allegedly committed by the accused, a report under Section 173 of the Code of Criminal Procedure was prepared, and, filed before the learned trial Court.

4. The accused/petitioner herein stood charged by the learned trial Court, for his, committing offences punishable under Sections 353 and 506 of the IPC. In proof of the prosecution case, the prosecution examined 13 witnesses. On conclusion of recording, of, the prosecution evidence, the statement of the accused under Section 313 of the Code of Criminal Procedure, was, recorded by the learned trial Court, wherein, the accused claimed innocence, and, pleaded false implication in the case.

5. On an appraisal of the evidence on record, the learned trial Court, recorded findings of acquittal in favour of the accused/petitioner herein, for his, committing offences punishable, under, Section 353, and, Section 506 of the IPC. In an appeal preferred therefrom by the State, before, the learned Addl. Sessions Judge concerned, the latter affirmed the apposite findings of acquittal of accused under Section 353 and under Section 506 of the IPC, recorded, in, the judgment pronounced by the learned trial Court, however, he proceeded to convict the accused, for his, committing an offence punishable, under, Section 352 of the IPC.

6. The petitioner herein/accused hence stands aggrieved, by the findings of conviction recorded, by the learned Addl. Sessions Judge concerned, against him, for his committing an offence punishable, under Section 352 of the IPC. The learned counsel appearing for the petitioner herein/accused, has, concert