VINOD KUMAR ALIAS BODA Vs. STATE OF H.P.
LAWS(HPH)-1997-10-8
HIGH COURT OF HIMACHAL PRADESH
Decided on October 23,1997

VINOD KUMAR ALIAS BODA Appellant
VERSUS
STATE OF H.P. Respondents


Referred Judgements :-

D CHATTAIAH VS. STATE OF ANDHRA PRADESH [REFERRED TO]


JUDGEMENT

R.L.KHURANA, J. - (1.)Appellant Vinod Kumar was tried for the offence under Sections 333 and 506 IPC in case Sessions Trial No. 13 -N/7 of 1992 ; by the learned Sessions Judge, Sirmaur at Nahan. Though, he was acquitted of the offence under Section 506, IPC, he was convicted for the offence under Section 333, IPC and sentenced to rigorous imprisonment for a period of five years and to pay a fine of Rs. 500/ -. In default of the payment of fine, he has been directed to undergo simple imprisonment for a period of three months.
(2.)Feeling aggrieved by the conviction and sentence imposed upon him | by the learned Sessions Judge vide the impugned judgment dated 2.5.94, the appellant has come up in appeal before this Court.
(3.)Briefly stated the prosecution story is this. The appellant is working \ as a conductor with the Himachal Road Transport Corporation. He remained I posted at Nahan Depot up to 17.7.89 when he came to be transferred to Dhalli I Depot. The appellant was facing a departmental inquiry at Nahan depot. The I record pertaining to such inquiry was transferred to Dhalli depot consequent I upon his transfer to such depot. PW 1 Jatti Ram is working as a clerk with I the Transport Corporation and posted in the office of Regional Manager at Nahan. He was having the custody of the record pertaining to the disciplinary I inquiry against the appellant. Such record of disciplinary action was sent by I him to Dhalli depot consequent upon the transfer of the appellant to such depot. On account of the transfer of the record pertaining to the disciplinary action against him, the appellant was nursing a grudge against PW 1 Jatti Ram. On 13.10.90 at about 10.45 p.m. in the afternoon PW Jatti Ram was I present at the Delhi gate bus -stop Nahan in order to board a bus for going to his native place. The appellant came there and started cursing and abusing PW.1 for having sent the record pertaining to disciplinary action against him to Dhalli depot. In the meanwhile, a Haryana Roadways bus bound for Jammunanagar via Paonta Sahib arrived at the bus -stop. When PW. 1 tried to board that bus the appellant grabed him from behind pulled him out and gave a fist blow on his nose, as a result of which his nose started bleeding. The appellant thereafter gave few more fist blows on the face and chest of PW. 1 Jatti Ram. S/Sh. Amar Singh and Jaswant Singh, the two employees of the Transport Corporation, who were also travelling by the said Haryana Roadways bus intervened. Some local shop -keepers having their shops at the bus stop also intervened and rescued PW. 1 Jatti Ram from the clutches of the appellant. A report came to be made to the police and after necessary medical examination, a case under Section 325, IPC came to be registered at police station, Nahan vide FIR No. 164 of 1990. After the necessary investigation, on a case having been found against the appellant under Sections 333 and 506 IPC, he was accordingly, arrested, challenged and sent up for trial.


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