ALLADITTA Vs. STATE OF H.P.

JUDGEMENT

(1.) The accused has challenged his conviction by the Sessions Judge, Chamba in Sessions Case No. 2 of 1987 decided on 20 -4 -1988. He has been convicted under Sec. 333 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs. 500/ -.

(2.) Briefly, the facts of the case are that on 30th September, 1986, Dev Raj (PW -1) was the Driver in Himachal Road Transport Corporation Bus No HPC - 452. He was assigned the duty to take the vehicle from Chamba to Saho with Kehar Singh (PW -2) as it's Conductor. The Bus started at about 11.45 A.M. from Chamba with 30 to 40 passengers and the accused was one of them. It reached Chaminu at about 12.45 P.M. and 8 to 10 passengers got down from the Bus before proceeding further from this place. Shortly thereafter, the Conductor blew whistle to stop the vehicle and on being asked why the vehicle was intended to be stopped the accused immediately came to the Driver's seat and asked him why he did not stop the vehicle in front of the house. He said "KIYA YEH TERE BAAP KI GADI HAI"(does this Bus belong to your father). Then the accused got down from the Bus and came to Driver's Window. He opened it and dragged the Driver from his seat and threw him on the road. The accused gave him beating and hit him on the back. It was pucca road and before the passengers could come out to rescue the Driver, the accused ran away.

(3.) After driving the vehicle for some distance, it became impossible for him to do so due to physical incapacity caused by the beatings. As a result thereof the Conductor went to Saho and informed the Adda In charge by telephone. Police came with a Jeep and the Driver was taken to District Hospital, Chamba. On examination, it was found that he suffered fracture of first Lumber vertebra . The matter was investigated and the accused was tried for the commission of offence under Sec. 333 Indian Penal Code. His defense appears to be that he intended to get down from the Bus at Chaminu but the Driver did not stop the Bus there in spite of the fact that the Conductor whistled him to do so and that ultimately it was stopped at a distance and he got down from the Bus, the Driver also came there and kicked him. During this time, he fell down and sustained injury. He ran of the scene since he apprehended that he was likely to be beaten by the Driver and the Conductor.