PREM DASS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCUSED Prem Dass has filed this appeal against the judgment and order dated 13.12.1993 passed by the Additional Sessions Judge, Jalandhar, vide which he was convicted under Section 308 IPC and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,000/-, and in default of payment of fine, to undergo further rigorous imprisonment for four months.

(2.) AS per the prosecution version, the injured Om Parkash, who is the complainant, was posted as octroi Inspector in Cantonment Board, Jalandhar Cantt. The accused Prem Dass was also working as Octroi Clerk in the said office. On 16.12.1992, the accused came to the complainant Om Parkash for obtaining leave. On that, Om Parkash told him that for the purpose of leave, he should approach the Stenographer. But the accused insisted that Om Parkash should accompany him to the Stenographer. When the complainant told the accused that he was working and he should himself go to the Stenographer, the accused abused him. He was having a dang in his hand and he gave a dang blow to Om Parkash which hit him on the left side of his head. The accused gave 2-3 more dang blows to Om Parkash which hit on his hand, back and shoulders. The said occurrence was witnessed by Vijay Kumar, Peon and Kamal Kishore, Clerk. The injured was removed to the hospital where he was medically examined vide MLR (Ex. P-8) and remained hospitalised for some time.

(3.) IN his statement under Section 313 Cr.P.C., the accused pleaded innocence and did not lead any evidence.