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| 2 convicted for assaulting Govt employee | | | Early Times Report
JAMMU, Oct 13 (JNF): Principal Sessions Judge Udhampur AK Koul today awarded two yrs imprisonment to Naresh Kumar alias Babbu and Munwar Hussain who were facing trial for the last 8 yrs for assaulting the employee of Forest Dept.
On March 12, 2004 report reads that on 11.3.04 the informant was discharging his official duty at about 10 P.M at Kulwanta Resin Depot when accused came on spot and assaulted him to deter him from discharging the official duty. They beat him with fists and feet. The informant got injured. His Uniform was torn by assailants and they decamped with a cash amount of Rs.460/- which they snatched from the informant. On the basis of this report a case was registered u/s 332/382 RPC against the accused. During the investigation evidence was collected. A Khaki torn Uniform, a pair of shoulder laces, a name plate etc were seized from the place of occurrence. During the investigation the informant submitted an application that the cash amount of Rs.460/- which was allegedly stolen by accused was recovered by him on the next day from the place of occurrence itself. After conclusion of investigation it was found established that accused had committed offences u/s 332/333 RPC and so the charge sheet found its way to the court.
The court after hearing Public Prosecutor Navneet Gupta for the State and Advocate PK Jaindial for the accused observed that Court is of the view that the prosecution has established the nexus of the accused with the commission of the crime satisfactorily. The accused have voluntarily caused grievous hurt to the informant to deter him from discharging his official duty as a public servant. So their act squarely falls within the ambit of Section 333 of RPC. They are accordingly convicted for the commission of the said offence. Once they are held guilty of graver offence u/s 333 of RPC the accusation u/s 332 RPC becomes redundant. The accused have committed the crime with a dual purpose. They wanted a free passage through the barrier where injured public servant was posted, in breach of law and they wanted the injured to be a particeps criminis with them. The injured on the other hand defied their design and he wanted to discharge his duty faithfully and conscientiously and he had to pay the price for that. The accused are in the age group of 30 to 43. They have faced the trial for more than 8 years and they have not used any weapon in commission of the crime. Though they have inflicted a grievous injury on a public servant who was discharging his official duty to deter him from doing so but still the crime committed by the accused cannot be categorized as grave and awarded imprisonment for two years and fine Rs 2000/- each. |
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