SALIM Vs. STATE OF M P

JUDGEMENT

(1.) Appellant Salim has been convicted under section 332 Indian Penal Code and sentenced to four months rigorous imprisonment. Initially he was charged for au offence under section 333 Indian Penal Code but the learned Session Judge did not accept the prosecution case that the complainant had received grievous hurt. He, therefore, recorded a conviction under section 332 Indian Penal Code.

(2.) Constables Gulabchand and Madan Singh were on patrol duty on the night intervening 27th and 28tui April, 1982. They noticed four persons going on the road in a suspicious manner. The constables asked them to stop but those persons continued to walk fast. The constables then overtook them and asked them to follow them to the Police Station. All four persons accompanied the police constables for a short distance but then appellant Salim snatched a patiya (a flat piece of wood) from the hands of his companion and gave a blow with the said patiya on the head of Gulabchand. Thereafter the appellant and one of his companions ran away while two others were taken to the Police Station. Report of the incident was lodged by Gulabchand. He was sent for medical examination and three injuries including one on the head were noted by the doctor concerned. At a subsequent date an X-ray of his finger was taken and it was found to be fractured.

(3.) The appellant abjured the guilt and pleaded that he was falsely implicated. According to him when he and his companions who had returned from Burhanpur were proceeding towards their houses, the constable forcibly seized their luggage and removed Rs. 150/- from their suit-case. The appellant denied that he ever caused any injury to constable Gulabchand.