MADAN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition has been filed against the judgment passed by learned Addl. Sessions Judge, Sirmaur District at Nahan in Cri. Appeal No. 6-N/10 of 2004 dated 15.2.2008, whereby the learned Appellate Court has upheld the conviction of the petitioner for commission of offence punishable under Section 332 IPC passed by learned JMIC, Paonta Sahib, District Sirmaur in Cr. Case No. 76/2 of 98. The case of the prosecution was that one Sh. Milkhi Ram, complainant, was posted as Range Officer, Kaffota Range in Forest Department during the year 1988. On 18.3.1998 he along with Forest Guard Gurdit Singh and Block Officer, Prem Singh were on official tour from village Bhatrog to Sataun at around 9:00 a.m., when they saw that some persons were illegally extracting the limestone and indulging in illegal mining near Giri River, RF Janjli C-6. They also discovered that some people were loading lime stones in tractors and other were digging at the spot. The persons who were indulging in illegal activities in RF Janjali C-6 ran away from the spot along with tractors when they saw the forest officials. However, two tractors and certain tools used for digging were left behind on the spot by these persons. In these circumstances, the complainant picked up the tools and brought the same near Giri River and prepared a list of the same as forest offence was being committed by these persons who had ran away from the spot. At about 11:45 a.m. accused Madan Singh along with Surinder Singh and Atma Ram and one more person came to the spot in a drunkard condition and started demanding the tools from the complainant. When he refused to give the tools, he was beaten up by the said persons, as a result of which he received injuries.

(2.) On the basis of material produced on record by the prosecution, the learned Trial Court came to the conclusion that it stood proved beyond all reasonable doubt that on 18.3.1998 at about 11:45 a.m at place Bhatrog accused Madan Singh along with other two persons assaulted complainant, Milkhi Ram, and voluntarily caused simple injury to him knowing fully well that he was a public servant and was discharging his public duties and this act was committed by the accused with an intent to deter/prevent the complainant from discharging his duty, as a public servant who at the relevant time was collecting the tool used by some unknown offender in the commission of forest offence in Reserve Forest Janjehli, C-6 and was preparing the list of tools, so that he could investigate the matter.

(3.) The learned Trial Court further held that it stood proved on record beyond all reasonable doubt that accused Madan Singh along with other two co-accused (who were no more) came together in an intoxicated condition and started quarreling with the complainant. The learned Trial Court concluded that common intention to commit the crime could be inferred from the facts and circumstances of the present case. Accordingly, the learned Trial Court convicted the accused under Section 332 IPC and sentenced him to undergo simple imprisonment for three months and also to pay a fine of Rs. 500 for offence punishable under Section 332 IPC.