BRAHM DUTT SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a criminal appeal filed by the accused-appellant Brhma Dutt Sharma, against the judgment and order dated 23-11-1983 passed by the then Sessions Judge, Chamoli, in Sessions Trial No. 1 of 1983, convicting the appellant under S. 6(e) of the U. P. Provincial Armed Constabulary Act, 1948 (hereinafter referred to as the 'Act') and sentencing him to a fine of Rs. 500.00.

(2.) The brief facts of the case are that in 1981 the IXth Battalion Special Police Force was posted at Joshimath and Chandrika Ram Yadav was its Sector Commander (hereinafter referred to as 'SC'). Its J Company was posted at Somna and Ratan Dev Sharma was its Assistant Company Commander (hereinafter referred to as 'ACC'). The accused, C/ 12879 Brahm Dutt Sharma, was serving in the said 'J' Company at Somna as a Constable.

(3.) In March, 1981 the accused had gone on casual leave and had returned back to Somna on 3-4-1981. On 9-6- 1981 he moved an application to his ACC, Somna, that due to pain in his tooth he might be referred to S.P.F. Hospital, Joshimath. He was so referred on the recommendation of the Pharmacist of 'J' Company, Somna. At S.P.F. Hospital, Joshimath, Dr. S. K. Rastogi admitted the accused on 14-6-1981, but he discharged him on 15-6- 1981 with the remark that he had got the filling of his tooth done by some private practitioner.