RAM NARAIN Vs. STATE

JUDGEMENT

(1.) This criminal appeal filed by the convict appellant Ram Narain s/o Chhotey Lal r/o 1517 Tri Nagar, Delhi challenges' the judgment dated 9th April, 1980 passed by Shri R. P. Gupta, Additional Sessions Judge, Delhi, where by the appellant was convicted under Section 323 Indian Penal Code as also the order of sentence dated 10-4-1980 passed by the same court whereby the appellant was dealt with under S. 4 of the Probation of Offenders Act, 1958 and was directed to be released on his entering into a bond in the sum of Rs. 2,000.00 with one surety in the like amount for a period of one year to keep the peace and be of good behaviour for the aforesaid bond period of one year with a further direction to appear and receive sentence as and when called upon during the said period. He was also directed under S. 5 of the said enactment to pay compensation to the injured N.P. Rao in the sum of Rs. 250'- for the ' injuries suffered by him at: the hands of the appellant and also another slim of Rs. 100/' as costs of the proceedings.

(2.) The appellant had been committed to the court of session by Shri K. C. Lohia, Metropolitan Magistrate, Delhi vide his order dated 3-4-1979 for facing trial for the offence under S. 308 Indian Penal Code .

(3.) Stated briefly the prosecution case against the appellant was that the appellant was working as a clerk in the Canara Bank branch at C-86, Shakti Nagar Extension, Delhi whereas the injured B.P. Rao was working as manager in that very branch. The appellant was not discharging his duties in a satisfactory manner for which reason the manager had sent reports to the Regional office on 2-7-78 and 3-7-78 against the convict recommending his transfer from the branch. The convict thus feeling angry with the manager entered the cabin of the manager between 11.00 a.m. and 12 noon and 4-7-1978 in the aforesaid bank premises and asked him why he had made reports against him and hit him with an iron rod in his head inflicting two injuries one on the left parital region posterior size 1" and another on occipital region size 1" and as a result of which the manager started bleeding from his head. In the meantime two peons of the bank., namely Suresh Chander arid Krishan Kumar rushed to the place of occurrence and rescued the manager from the appellant. The manager was removed to the clinic of Dr. Harish Chander Gupta, a medical practitioner in Kamla Nagar area who gave stitches on the aforesaid two injuries on the person of the manager. Sub Inspector Bhim Singh reached the aforesaid branch of the Canara Bank where from he went to the clinic of Dr. Harish Chander Gupta and recorded the statement Ext. Public Witness 2/A of the Manager B. P. Rao. The FIR was registered at Police Station Roshanara, Delhi on the basis of the rukka sent by S. I. Bhim Singh after recording the aforesaid statement of the manager. The injured Manager was sent to the police hospital for medical examination where Dr. S. Chaudhaiy examined him and noted two injuries on his person which were stitched wounds. The appellant was challaned under S. 308 IPC.