CHUHAR SINGH Vs. STATE OF H P

JUDGEMENT

(1.) This is an appeal filed by the appellant under Section 374 Cr.P.C. against the judgment of the Court of learned Sessions Judge, Kangra at Dharamshala, dated 1.5.2003/2.5.2003, vide which the appellant was held guilty under Sections 353 and 332 I.P.C. and was sentenced as under:

(2.) Briefly stated, the facts of the case are that on 14.9.2000 HC Ramesh Chand was on traffic duty being Incharge of traffic of Police Station Kangra. He alongwith PW-3 constable Gorakh Singh was on traffic duty at Tehsil Chowk, Kangra. It was alleged that the accused was driving truck bearing registration No. PB-32-B-7410, came there from Jawalamukhi side and halted the same at the centre of the road obstructing the traffic. Ramesh Chand, HC, enquired from the accused as to where he wants to go, who told that he wants to go to Palampur. The road to Palampur was pointed out by HC Ramesh Chand. HC Ramesh Chand showed the road towards Palampur asked the accused to take his vehicle to one of the road, but the accused in speed drove away the truck on Tanda Road. Consequently, Ramesh Chand accompanied by constable Gorakh Singh, chased the canter on a scooter. When HC Ramesh Chand attempted to over take the truck, the accused from driver window, showed a Barchhi to scare them. The truck was ultimately stopped at near Sadarpur road and the documents of the truck were demanded for inspection. Accused took out kirpan from his person and hit Ramesh Chand on his chest, resultantly, the shirt and baniyan of the complainant got torn, who sustained injuries. Thereafter, a telephonic message was sent to Police Station Kangra and S.H.O. Surinder Singh came to the spot, recorded the statement of the complainant Ramesh Chand under Section 154 Cr.P.C., who was also sent for medical examination. Thereafter, the case was registered and after investigation, the challan was filed by the Court of learned Additional Chief Judicial Magistrate, Kangra, and after committal, the case was tried by the learned Sessions Judge, as detailed above, leading to the conviction of the appellant.

(3.) I have heard learned Counsel for the parties and have gone through the record of the case.