Decided on October 10,2002



- (1.)The appellant is in appeal against the order of conviction under section 325 of the Indian Penal Code whereby the accused-appellant was convicted and sentenced to undergo rigorous imprisonment for four years together with payment of fine by the High Court. It is to be noticed at this juncture that against the order of conviction passed by the learned sessions judge in session, trial no. 16/99 holding the accused persons, namely, Ravinder kumar - the present appellant herein and one Kuldip Singh guilty of offences under sections 302/323/341/34 of the Indian penal Code and sentencing them to undergo life imprisonment together with fine of Rs. 2. 000/- each. Various other periods have also been prescribed but the sentences were directed to run concurrently.
(2.)The case against the accused is that on 11th September, 1991, Mehar Singh, bikram Singh, Pritam Singh, Subhash, panni Ram and Parma Nand of Village lohdar came to Tikkar Didwin for loading and carrying buffaloes of some trader in their truck bearing registration no. HPH- 2700 but the trader was not found available to them and therefore they were returning in their truck at about 9. 00 p. m. They reached Morsu at about 9.15 p. m. and found the bus of the accused parked obliquely on the road with the result that there was no space left for the truck to pass through. The complainant party allegedly requested the accused to take the bus aside so that they could drive their truck but the accused allegedly retorted and asked to wait as the complainant party was not going to extinguish the fire. But the road was not made available for the truck for quite some time. Subhash Chand, the driver of the truck again requested the accused to give the way but Ravinder accused told him to alight from the truck and take the bus. Parma Nand and Bikram alighted from the bus but both the accused started throwing the bricks upon them. Two bricks allegedly struck on the person of Parma Nand whereas one brick blow was received by Bikram Singh and both of them fell on the road unconscious. In the meantime, the other occupants of the truck alighted from the truck but the accused armed with 'dandas' gave 'danda' blows to Parma Nand and Bikram Singh who were lying on the road. On raising alarm some other persons came on the spot and witnessed the occurrence.
(3.)A report was lodged by Mehar Singh in the police station initially under sections 307/341/34 of the Indian Penal Code but later on the offence was converted to one under sections 302/341/34 of the Indian penal Code. It is this incident which had culminated in the set of trial spoken of and the conviction and punishment, as noticed above.

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