Decided on May 15,1991



- (1.) Jagdish Chand accused has challenged the judgment dated 1-12-1988 passed by the Sessions Judge, Kangra Division at Dharamshala whereby he has been convicted under S. 333, IPC and sentenced to rigorous imprisonment for four years and also to fine of Rs. 2,000.00. In the event fine was not paid, he was to undergo further simple imprisonment for six months. The amount of fine if realised was to be paid to the victim, Sh. Kuldip Chand.
(2.) The prosecution case was that on 8-121987, Kuldip Chand Conductor was deployed on H.R.T.C. Bus No. HPK 1073 bound from Dharamshala to Beer-Guner. Sh. Amar Singh (P.W. 1) was driver on this bus. The accused boarded this bus at Baler. The bus was stopped at Tang for a few minutes where some passengers got down and some others boarded the bus. Thereafter the bus had hardly covered a distance of 200 yards or one furlong when bell was sounded to stop it. When it stopped, the accused got down from the rear door of the bus and came in from the front door and caught hold of the conductor Kuldip Chand from his arm and asked why the bus was not stopped immediately when he sounded the bell. Some altercations were exchanged between the accused and Kuldip Chand. Sh. Kuldip Chand told the accused that the bus had stopped only a furlong back and why he had sounded the bell again. At this the accused hit Kuldip Chand with a knife in his abdomen. By the time the Driver, Sh. Amar Singh came near Kuldip Chand, the accused fled away. He took Kuldip Chand to Cantonment Hospital in an ambulance and on the advice of the doctors of that hospital took him to Civil Hospital at Dharamshala. Kuldip Chand was examined by Dr. D.N. Chadha, Surgical Specialist who performed operation on him on the next day. Dr. Amarjit singh Dadhwal gave the medico-legal certificate according to which Sh. Kuldip Chand had a penetrating cut wound, on the left hypochondrium, 2cm in length and 2cm. in depth, penetrating into the abdominal cavity.
(3.) The accused was charged for offences under Ss.333 and 307,IPC. But after the trial, the Sessions Judge convicted him under S.333, IPC only. The Sessions Judge held that on the evidence on record, offence under S. 307,IPC was not proved as the accused had no intention to cause death or knowledge that the stab wound caused by him would result in the death of Kuldip Chand. He has rejected the evidence of identification parade of the accused as well as the recovery of weapon of offence, that is knife, but on the basis of remaining evidence on record, he has concluded that it was the accused who caused grievous injury with knife on the person of Kuldip Chand who was a public servant and discharging his duty as such.;

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