BHUPINDER CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The two appellants, Bhupinder Chand alias Munna and Yashpal, hereinafter referred to as the accused, have assailed their conviction and sentence as recorded against them by the learned Additional Sessions Judge (2), Kangra at Dharamshala vide judgment dated 20.3.1997 passed in sessions case No. 10 -P/ VII of 1996.

(2.) The two accused stand convicted and sentenced as under: - Name of accused Offence for which convicted Sentence imposed Bhupinder Chand fine 307 Indian Penal Code Rigorous imprisonment for four years and of Rs. 2,000/ -. In. default of fine, rigorous imprisonment for a further period of one year. Yash Pal 307 read with Section 34, Indian Penal Rigorous imprisonment for four years and fine of Rs. 2,000/ -. In default of fine, rigorous imprisonment for a further period of one year.

(3.) Briefly, the prosecution story may be thus stated. Film "Kranti" was being screened on 31.3.1995 for general public at Bus Stand, Chobin, by the officials of the Special Security Bureau (SSB). PW 3 Naresh Bakshi, accompanied by his younger brother PW 6 Mukesh Bakshi, PW 7 Ranjha Ram, PW9 Shami Sharma and one Bablu as well as the two accused were also watching the movie. All the them were sitting and watching the movie close to each other. At about 9.30 p.m., the accused Yashpal alias Bara, who runs a tea -shop at Bus Stand Chobin, while watching the movie, urinated at the place he was sitting. This act of his was objected to by PW 3 the Naresh Bakshi. Accused Yashpal reported by saying that he had not urinated on him. Accused Bhupinder Chand intervened and asked PW 3 Naresh Bakshi to keep shut since the accused Yashpal was older to him. He also asked PW 3 Naresh Bakshi to go away and leave that place. PW 3 Naresh Bakshi retorted by saying that he (accused Bhupinder Chand) should take accused Yashpal away. As a result exchange of heated words ensued. Accused Bhupinder Chand then threatened PW 3 Naresh Bakshi that he would cut him to pieces. While so threatening accused Bhupinder Chand caught hold of PW 3 Naresh Bakshi by his collar. The latter tried to free himself from the clutches of the former. Whereupon accused Yashpal caught PW 3 Naresh Bakshi from behind and accused Bhupinder Chand after pulling out a knife gave a blow therewith on the right side of the abdomen of PW 3 Naresh Bakshi, who fell down profusely bleeding. He was immediately removed to Civil Hospital, Baijnath by two officials of the SSB and his younger brother PW 6 Mukesh Bakshi.