RAMESH CHAND Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Appellant Ramesh Chand has challenged the legal admissibility of judgment and order of conviction dated 23.2.2004 rendered by Sessions Judge, Dehradun, wherein he was found guilty for the offence of Section 332 IPC. He has appropriately been sentenced. The Sessions Trial 163/2001 pertains to Crime No. 64/2001, PS Sahaspur, District Dehradun. It was tried by the learned Sessions Judge and the same culminated into conviction as aforestated.

(2.) The incident took place at around 9.30 PM on 31.7.2001 when Constable Krishan Kumar was present on his duty at the police outpost Jhajra of Police Station Sahaspur. The accused came there. Accused asked Constable Krishan Kumar as to why he was sitting at the outpost while there had been quarrel with him in some nearby vicinity. The informant Krishan Kumar asked the appellant to wait for a while because he was all alone there and he will call rest of the police personnel posted at that station shortly in order to assist him. The accused even could not accept this clarification of Constable Krishan Kumar and began to hurl abuses to him. Krishan Kumar resisted and asked him not to abuse. This further infuriated the accused and he whipped out a Khukhri (sharp edged weapon) from his pocket and gave a blow onthe head of Krishan Kumar. The constable saved himself by raising his both the arms. So, that Khukhri could inflict the injury on the upper side of right eye of the constable. The clothes of Krishan Kumar became blood-soaked. So, he informed his fellow police personnel by Radio Transmission Set and he was shifted by Sub Inspector R.P. Sharma of Sahaspur Police Station to District Hospital, Dehradun. He was examined in that very night at 11.55 PM. Following injuries were found by the doctor on his body.

(3.) Chargesheet was submitted for the offence of Section 353/504/307 IPC, but the learned Sessions Judge levelled the charges only for the offence of Section 308 and 353 IPC.