JAI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The instant revision petition is directed against the judgment of the learned Additional Sessions Judge, Una, Himachal Pradesh, rendered on 19.7.2008 in Criminal Appeal No. 1 of 2007 whereby the learned appellate Court affirmed the conviction and consequent sentence imposed upon the accused by the learned trial Court under Sec. 325 IPC whereas it reversed the findings of conviction and consequent sentence imposed by the learned trial Court upon the accused under Sec. 323 IPC.

(2.) The facts relevant to decide the instant case are that on 31.1.1998 at about 6.00 p.m. the complainant who was the owner of bus bearing No. HP -20 -5507 was acting as a conductor in the said bus. The bus was going to Santoshgarh from Una at about 6.00 p.m. The accused was acting as a conductor in bus bearing No. HP -20 -5611. Some altercation started inter se both of them regarding the loading of passengers in their respective buses and when the complainant went near the bus of the accused and asked him to close the door of the vehicle and to part it on one side the accused is stated to have lost his tamper and inflicted kick on the complainant, as a result thereof one tooth of the complainant was broken at the spot. Besides that the complainant sustained injuries on his tooth and lips, blood started oozing from his mouth. One Dinesh Bali and Driver Amrik Singh rescued the complainant from the accused. As per the complainant, he could not get the report lodged at the very moment as he had loaded passengers to Santoshgarh and the same was lodged only after he returned from Santoshgarh.

(3.) On completion of investigation into the offences allegedly committed by the accused a report under Sec. 173 Cr.P.C. stood prepared and filed in the competent Court.