JUDGMENT :

1. This criminal appeal filed in terms of clause (a) of the proviso to Section 408 of the Code of Criminal Procedure, Svt.1989[‘Cr.P.C’]is directed against the judgment dated 16.03.2009 passed by the Chief Judicial Magistrate, Kathua [‘the trial Court’] in case file No. 95/challan titled ‘State vs Jaswant Singh whereby and where-under the accused Jaswant Singh-appellant herein has been convicted and sentenced to undergone simple imprisonment for a period of five years and a fine of Rs.5000/-for commission of offence punishable under Section 326 RPC.

2. The impugned judgment of conviction and sentence is challenged by the appellant primarily on the following grounds:

(a) That the appellant having been charged by the trial Court under Section 336 RPC could not have been convicted for commission of offence punishable under Section 326 RPC; and,

(b) That even if the entire prosecution evidence on record, as if there is no challenge in cross-examination by the defence, is taken into consideration, the offence under Section 326 RPC would not be made out. The trial Court has erroneously and without appreciating the true import of Section 326 RPC has recorded the conviction under th