ORDER :

1. Instant Criminal Revision Petition filed under Section 397 read with Section 401 of Cr.P.C, lays challenge to judgment dated 03.03.2012, passed by learned Additional Sessions Judge, Mandi, District Mandi, H.P., in Criminal Appeal No.31 of 2010, titled Desh Raj vs. State of H.P., affirming the judgment of conviction and order of sentence dated 23.03.2010, passed by learned Judicial Magistrate, 1st Class, Sarkaghat, District Mandi, H.P. in Police Challan No. 157-II/2002, whereby learned court below while holding the petitioner/accused (hereinafter referred to as ‘accused’) guilty of having committed offence punishable under Section 332 of IPC, convicted and sentenced him to undergo one year rigorous imprisonment and pay fine of Rs.2000/- and in default of payment of fine, to further undergo two months simple imprisonment.

2. Precisely, the facts as emerge from the record are that PW-1, complainant Bir Singh, lodged a written complaint to Naib Tehsildar Ext. PW-1/A, which was sent to Police Station and thereupon FIR Ext.PW-7/A, was registered against the accused under Section 332 of IPC, alleging therein that while he was posted as Patwari in Patwar Circle, Bharori and was discharging his duty on 02.04.2002, at about 2.30. PM., accused Desh Raj came to his office and asked him to issue certificate for getting water connection. Complainant told the accused that his monthly meeting was fixed in the office of Naib Tehsildar and certificate would be issued after meeting. However, accused told the complainant that he was demanding bribe. Complainant objected to aforesaid allegation levelled by accused, on which, accused started hurling abuses and thereafter gave beatings to him. Allegedly, accused inflicted blow on the stomach of complainant and also threatened to break his leg. Banka Ram- PW-2 and Rup Lal PW-5 rescued the complainant from the accused. Besides above, accused also tried to tear papers lying on the table. After having received written complaint from the Naib Tehsildar, as has been taken note hereinabove, investigation was conducted by HC PW-10, Kanshi Ram, who after having visited the spot, prepared site plan Ext. PW-10/A. Medical examination of complainant was conducted by Dr. Sneh Lata, PW-8, who while issuing MLC Ext. PW-8/B found complainant to have suffered injury caused by means of blunt edged weapon. Appointment order and posting order of the complainant Ext. PW-4/A and Ext.PW-4/B, were produced by Durga Dass, PW-4. After completion of investigation, police presented challan in the competent court of law, who having found prima facie case against the accused, charged him under Section 332 of IPC, to which he pleaded not guilty and claimed trial.

3. Prosecution with a view to prove its case, examined as many as 10 witnesses, whereas, accused in his statement recorded under Section 313 Cr.P.C, denied the prosecution case in its entirety and stated that complainant demanded Rs.100/- from him as bribe. He stated that when he refused to pay bribe, he was given beatings by complainant and was thrown out of the office. He also deposed that he filed complaint before the police, but no action was taken by the police. In his defence, he got the statements of two persons, namely Sant Ram and Vijay Pal recorded.

4. Learned trial court on the basis of evidence led on record by the respective parties, held accused guilty of having committed offence punishable under Section 332 of IPC and accordingly, convicted and sentenced him, as per description given hereinabove.

5. Being aggrieved and dissatisfied with the aforesaid judgment of conviction and order of sentence recorded by court below, accused preferred an appeal in the Court of learned Sessions Judge, Mandi, which came to be dismissed vide judgment dated 03.03.2012. In the aforesaid background, accused has approached this Court in the instant proceedings, praying therein for his acquittal after setting aside the judgment of conviction and order of sentence recorded b