HARI KRISHNA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal has been filed under Section 374 against the judgment and order dated 24.01.2015 passed by the learned 1st Additional District and Sessions Jude, Haridwar in Session Trial No.29 of 2011, Crime No.265 of 2010, State Vs. Hari Krishna, registered at P.S. Kotwali Haridwar, whereby the appellant was convicted and sentenced under Section 332 of IPC to undergo simple imprisonment for a period of six months along with a fine of Rs.500/- (Rupees Five Hundred Only) and under Section 353 of IPC to undergo simple imprisonment for a period of six months along with a fine of Rs.500/- (Rupees Five Hundred Only).

(2.) Brief facts of the case are that on 23.05.2010 Dr. J.S. Chufal, Orthopaedist lodged a written complaint at P.S. Kotwali Haridwar with the allegation that on 23.05.2010 when he went to emergency room in hospital at about 9 a.m. where Dr. H.S. Budhiyal was looking patients and Dr. Himanshu Mishra was on morning duty, a person introduced himself as policeman entered in an unauthorized way into Doctor's rest room. When objection was raised, he assaulted the complainant and Dr. H.S. Budhiyal with stick on hands and heads and used criminal force to deter them from discharging of their duty and also voluntarily caused hurt. Both of them got injured. S.P. Chaumoli, Pharmacist and G.S. Butola, Pharmacist rescued them from the assailant.

(3.) On the basis of the information, on 23.05.2010 at 9:35 a.m. Case Crime No.265/2010, under Sections 332, 353 IPC was registered.