Himachal Pradesh HC Upholds Conviction For Election-Related Violence

In a decisive affirmation of trial court findings, the Himachal Pradesh High Court has upheld the conviction of individuals involved in a violent post-election assault, reinforcing that political rivalry provides no immunity against criminal prosecution for causing grievous hurt. The court underscored the reliability of injured eyewitness testimony and recovery of weapons under the evidence act to cement the culpability of the accused in a case stemming from Panchayat election animosity.

A division bench comprising Justice Vivek Singh Thakur and Justice Bhupesh Sharma adjudicated upon a cross-appeal and revision petition. The State of Himachal Pradesh sought an enhancement of the sentence, while the convicts challenged the upholding of their conviction for offences involving grievous injuries caused by sharp and blunt weapons.

Court Observations and Directions

The Court scrutinized the medical evidence and eyewitness testimonies to conclude that the assault was well-established. It noted that the injuries sustained by the victims were consistent with the weapons recovered.

The Court has the following directions:

"The substantive sentence imposed by the learned Trial Court on both counts is reduced from three years till rising of the Court and the fine amount imposed by the learned Trial Court is enhanced from ₹1,000 to ₹5,000 under Section 325 of the IPC and also from ₹1,000 to ₹10,000 under Section 326 of the IPC. The sentence awarded by the learned Trial Court in default of payment of fine was maintained. It was further held that the fine amount, after being realized, was to be paid to the complainant Shyam Singh and injured Varinder Verma for the injuries suffered by them."

The Court, in its reasoning, observed: "There is direct evidence suggesting and proving the involvement of accused Pawan Kumar (A-1) and Ram Lal Mehta (A-3) in physically assaulting and giving beatings to the complainant Shyam Singh (PW-1) and Varender Verma (PW-12) by means of ‘Khukri’ (Exhibit P-1) and ‘Danda’ (Exhibit P-2) causing them grievous hurt. Therefore, the findings recorded by the learned Sessions Judge (Forests), Shimla, H.P... does not suffer from any infirmity and hence, cannot be faulted on any counts."

Background

The dispute originated on December 20, 2015, following the declaration of Panchayat election results in Tehsil Theog. The accused, supporters of a losing candidate, allegedly assaulted the complainant Shyam Singh and Varender Verma with a 'Khukri' and 'Danda'. A final report was filed under Section 173 of the Code of Criminal Procedure, 1973 against ten individuals. The Trial Court initially convicted five persons under Sections 325 and 326 read with Section 149 of the Indian Penal Code.

On appeal, the Sessions Judge acquitted three individuals but upheld the conviction of Pawan Kumar and Ram Lal Mehta, modifying their sentence to 'till rising of the court' and increasing the fine. The State appealed for enhancement of sentence under Section 377 of the Code of Criminal Procedure, 1973, while the convicts sought acquittal through revision under Section 397 of the Code of Criminal Procedure, 1973. The High Court, after evaluating the consistency of PW-1 and PW-12's statements and the supporting evidence of other witnesses, dismissed both the appeal and the revision, maintaining the modified sentences.

Case Details:
Case No.: Cr. Appeal No. 265 of 2015 alongwith Cr. Revision No. 241 of 2014
Neutral Citation: 2026:HHC:44688
Case Title: State of Himachal Pradesh v. Pawan Kumar and Anr.
Appearances:
For the Petitioner(s): Mr. Raj Negi, Deputy Advocate General
For the Respondent(s): Mr. Peeyush Verma, Senior Advocate with Mr. Ajay Kumar, Advocate

Source: 2026 CaseBase(HP) 9463