RAM LAL Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-1997-8-29
HIGH COURT OF HIMACHAL PRADESH
Decided on August 06,1997

RAM LAL Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents


Referred Judgements :-

BASDEV VS. STATE OF PEPSU [REFERRED TO]
SARTHI VS. STATE OF MADHYA PRADESH [REFERRED TO]


JUDGEMENT

R.L KHURANA,J. - (1.)The present revision petition is directed against the judgment of conviction passed in criminal case No. 34/2 of 1994, in which the learned Additional Chief Judicial Magistrate, Solan, camp at Arki, found the petitioner guilty under Section 332, Indian Penal Code and sentenced him to undergo imprisonment till the rising of the court and to pay a fine of Rs. 5000/ - and in default of fine to undergo imprisonment for a period of one month.
(2.)Against the order of conviction and sentence as imposed by the learned Magistrate, the petitioner preferred an appeal being Criminal Appeal No. 8 -S/10 of 1995. The learned Additional Sessions Judge, Solan, on 27 -11 -1996, dismissed the appeal. The order of conviction and sentence as awarded against the petitioner was affirmed. Being aggrieved by and dissatisfied with the aforesaid order of conviction and sentence, the petitioner has preferred the present revision petition.
(3.)The prosecution case, in short, may be stated thus. PW1 Parkash Chand is employed and working as a conductor with the Himachal Road Transport Corporation, Local Unit, Dhalli, Shimla, (for short HRTC). On 20 -10 -1993, he was on duty as Conductor with bus No. HP -07 -1409, running between Shimla and Deot via Arki. PW 6 Jeet Ram was the driver of the said bus. The bus reached Arki at about 4 PM. Both PW 1 and PW 6 took some refereshments and thereafter attended the HRTC office. At about 4.20 PM when the bus was to proceed towards Deot, PW 1 Parkash Chand found some gas cylinders having been loaded in the bus. He asked the passengers about the gas cylinders and advised them to keep such cylinders on the roof of the bus. The petitioner, Ram Lai, who was sitting on a cylinder, got up, caught hold of PW 1 Parkash Chand by the neck and after dragging him out of the bus gave a danda blow on his head resulting into a bleeding injury. PW 1 Parkash Chand was rescued by Sarvshri Ram Kishan (PW 2), Prem Dass (PW 3), Jeet Ram (PW 6) and Sohan Lai (PW 8).


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