ARSHAD AHMED Vs. STATE OF H P

JUDGEMENT

(1.) The appellant, Shri Arsbad Ahmad, was tried for the offences failing under Sections 332, 333 and 421 of the Indian Penal Code by the Sessions Judge, Shimla Division at Bilaspur. The learned Sessions Judge found the appellant guilty of all the offences for which be was tried. He there fore, vide his judgment dated 30th June, 1979, convicted the appellant accordingly. Keeping in view the circumstances in which the offences were proved to have been committed, the learned Sessions Judge allowed the appellant the benefit of Section 4 of the Probation of Offenders Act and ordered his release on his furnishing a bond in the sum of Rs. 5,000/. with one surety in the like amount undertaking to be of good behaviour and keep the peace for a period of two years. The learned Sessions Judge further directed the appellant to pay a compensation of Rs. 75/- to each of the two persons, namely Narotam Ram (P.W. I) and Dr. N.C. Sharma, (P.W. 2) to whom he was alleged to have caused injuries.

(2.) Feeling aggrieved, the appellant has approached this Court in appeal.

(3.) The facts of this case show that in the morning of 26.6.1978, a young daughter of the sister of the appellant was admitted in the Civil Hospital, Bilaspur, as an emergency case. The appellant in his anxiety to enquire after the health of her niece, also reached the hospital at about 9.30 A.M. As per practice then prevailing in the Civil Hospital Bilaspur, the doctors used to take round of the wards from 9.00 a.m. till 11.30 a.m. or so and during this period, the entry of visitors to the hospital was restricted. To enforce the restriction imposed upon the entry of the visitors, a peon used to be posted at the gate which was kept shut