STATE OF H.P Vs. NEHRU SINGH

JUDGEMENT

(1.) BY means of this appeal, under Section 378 of the Code of Criminal Procedure, State has sought modification of the judgment, dated 22.9.1997 of learned Sessions Court to the extent that the respondent is held guilty, convicted of and punished for offences, under Sections 332 and 333 IPC instead of offences, under Sections 323 and 325 IPC, as ordered by the trial Court.

(2.) CASE was registered against the respondent at the instance of Assistant Engineer, Public Works Department, Chowari, who made written complaint Ext. PE. FIR is Ext. PF. As per Ext. PF, respondent went to a store of Public Works Department at Chowari on 7.9.1992 at 6.30 p.m. and picked up a piece of wood from the store and with that piece of wood, he hit PW -3 Duni Chand, a regular Chowkidar and PW -4 Mukhtyar Singh, a daily waged Chowkidar, who were on duty at that time. Both, PW -3 Duni Chand and PW -4 Mukhtyar Singh were got medically examined. Duni Chand was found to have sustained a simple injury on the outer aspect of left arm, in the shape of a red contusion. Mukhtyar Singh had three injuries, two of which were - a contusion and an abrasion, which were simple and one was grievous, being fracture of clevicle bone (left side). Police completed the investigation and challaned the respondent.

(3.) TRIAL Court concluded that the two Chowkidars, namely PW -3 Duni Chand and PW -4 Mukhtyar Singh had been hit by the respondent with a piece of wood, as a result of which Duni Chand sustained a simple injury while PW -4 Mukhtyar Singh sustained two simple and one grievous injury. However, trial Court observed that as per evidence on record, the incident had taken place outside the enclosure of store and, therefore, it was not a case of causing hurt and grievous hurt to public servants in the discharge of their duties, but a case of voluntarily causing hurt and grievous hurt, under Sections 323 and 325 IPC.