RAJENDER DATT Vs. STATE OF HARYANA

JUDGEMENT

(1.) Rajinder Dutt appellant was convicted by the learned Addl. Sessions Judge, Faridabad on a charge for offence punishable under Sections 333/506/353 IPC and was awarded two years' RI and fine of Rs. 500.00 or in default of payment thereof, to further undergo one month's RI on the first count. He was awarded one year's RI on the second count. No separate sentence was awarded for offence under Section 353 IPC, in view of awarding the sentence under Section 333 IPC. Both the substantive sentences were ordered to run concurrently. Feeling aggrieved against the orders of conviction and sentence, the appellant has come up in appeal.

(2.) In brief, the facts of the prosecution case are that injured Bhagwan Dass Sharma PW 4 was posted as Shift Engineer in 15 M. W. Plant of Thermal Power House, Faridabad. Rajinder Dutt accused was previously employed as Shift Attendant on this plant under the injured but was transferred from there to Coal Handling Plant. The accused suspected the injured to be instrumental in his transfer. On 3-10-1985 Bhagwan Dass Sharma had to resume his duties from 2 P.M. to 10 P.M. He arrived on the premises of Thermal Power House at about 1.45 p.m. and was proceeding towards the power house after parking his Moped at the stand, when he reached beyond the Chief Engineer's office, the accused arrived there and threatened to kill him due to transfer. Mr. Sharma retraced his steps and tried to escape towards the office of the Chief Engineer. However, the accused over took and gave him two blows on his left shoulder with hockey stick. Ashok Kashyap, Assistant Engineer had also seen the occurrence. The accused managed to escape along with hockey stick. Bhagwan Dass Sharma rushed to the office of Chief Engineer and apprised him of this matter. The Chief Engineer in turn sent report Ex. P.C. to the Station House Officer/in charge of Police Station, Mujesar, Faridabad about this incident on the basis of which formal F.I.R. Ex. PD was registered by S I Udey Singh on the same day at 3.50 P.M. A case under Section 323/506 IPC was registered against the accused. He also got the injured medically examined from Dr. A. K. Saxena PW 1, who found two contusions on the left shoulder of the injured. Injury No. 1 was kept under observation subject to X-ray examination while injury No. 2 was declared simple.

(3.) Sub-Inspector Udey Singh also visited the spot and prepared rough site plan Ex. PU. On X-ray examination, Dr. D. B. Chakarwarti PW 2 found the fracture of acromion process of the left shoulder. Injury No. 1 was declared grievous in nature. The offence was converted to one under Sections 333/506/353 IPC. After completion of investigation, the accused was arraigned for trial on such like allegations.