The voluntary causing of hurt to public servants while discharging their official duty is sufficient to establish the offense under Section 332 of the Indian Penal Code.

M. Sasidharan Nambiar, J.

Petitioner, the first accused in C.C. No. 401/1993 on the file of Judicial First Class Magistrate's Court, Ranni, along with accused 2 and 3, were convicted and sentenced for the offence under Section 332 read with Section 34 of Indian Penal Code. They challenged the conviction and sentence before Sessions Court, Pathanamthitta in Crl.A.No.97/1996. Learned Additional Sessions Judge, on re-appreciation of evidence, found that names of accused 2 and 3 were not mentioned before the doctor or in Exhibit P1 F.I. Statement and evidence of PWs 1 to 4 that they identified accused 2 and 3 cannot be believed. Their conviction was, therefore, set aside and they were acquitted. But, learned Additional Sessions Judge relied on the evidence of PWs 1 to 3 and held that petitioner was one among the persons, who pelted stones on PWs 1 to 4 and voluntarily caused hurt to PWs 1 to 4. Therefore, his conviction for the offence under Section 332 of Indian Penal Code as well as the sentence were confirmed. This revision is filed challenging the conviction and sentence.

2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard.

3. Argument of the learned counsel is that courts below did not properly appreciate the evidence and on the evidence, it should have been found that the case was foisted against the petitioner due to enmity. It was argued that, even according to PWs 1 to 4, there was enmity with the petitioner and in such circumstances, their evidence should not have been accepted. Learned counsel argued that the General Diary, which would show whether PWs 1 to 4 were on duty at that time, was not produced and there is no material to prove that PWs 1 to 4 were discharging their official duty at 3 a.m. when the incident occurred and in such circumstances, conviction of the petitioner for the offence under Section 332 of Indian Penal Code is not sustainable. Reliance was placed on the decision of the Apex Court in D. Chattaiah v. State of A.P., AIR 1978 SC 1441 : 1978 KHC 690 : 1979 (1) SCC 128 : 1978 SCC (Cri) 569 : 1978 CriLJ 1473.) and it was argued that when there is no evidence to prove that hurt was caused with the intention to deter PWs 1 to 4 in discharging their official duty, conviction of the petitioner for the offence under Section 332 of Indian Penal Code is not sustainable. Learned counsel finally submitted that as the incident was in 1993, at this distant point of time, petitioner may not be sent to prison as the punishment provided is imprisonment or fine and therefore, the sentence may be modified to fine.

4. Learned Public Prosecutor pointed out that to attract an offence under Section 332 of Indian Penal Code, the fact that PWs 1 to 4 were public servants and petitioner voluntarily caused hurt to them, while they were discharging their duty as public servants, will be sufficient and in such circumstances, it is not necessary to prove that intention of the petitioner was to deter PWs 1 to 4 from discharging their official duty. It is also argued that evidence of PWs 1 to 4 establish that though they were returning from patrol duty, their duty ends only on reaching the station and in such circumstances, when there is evidence to prove that PWs 1 to 4 sustained hurt and petitioner was one among the persons, who voluntarily caused hurt and at that time, PWs 1 to 4 were discharging their official duty and therefore, conviction of the petitioner is perfectly legal.

5. Prosecution case is that on 4.4.1993, PWs 1 and 4, the Forest Guards and PWs 2 and 3, the Foresters, were on night patrol duty in Kannamala Forest. At about 3 a.m., they were returning to the station after the patrol duty inside the forest. When they reached Alappat Junction at 3 a.m., petitioner, along with two others, pelted stones at them and they thereby voluntarily caused hurt to PWs 1 to 4.

6. PW6, the Doctor, examined PWs 1 to 4 on 5.4.1993 at 3 a.m. and prepared Exhibits P4 to P7 wound certificates. Exhi