Jagdish Chand accused has challenged the judgment dated 1-12-1988 passed by the Sessions Judge, Kangra Division at Dharamshala whereby he has been convicted under S. 333, IPC and sentenced to rigorous imprisonment for four years and also to fine of Rs. 2,000/-. In the event fine was not paid, he was to undergo further simple imprisonment for six months. The amount of fine if realised was to be paid to the victim, Sh. Kuldip Chand.

2. The prosecution case was that on 8-121987, Kuldip Chand Conductor was deployed on H.R.T.C. Bus No. HPK 1073 bound from Dharamshala to Beer-Guner. Sh. Amar Singh (P.W. 1) was driver on this bus. The accused boarded this bus at Baler. The bus was stopped at Tang for a few minutes where some passengers got down and some others boarded the bus. Thereafter the bus had hardly covered a distance of 200 yards or one furlong when bell was sounded to stop it. When it stopped, the accused got down from the rear door of the bus and came in from the front door and caught hold of the conductor Kuldip Chand from his arm and asked why the bus was not stopped immediately when he sounded the bell. Some altercations were exchanged between the accused and Kuldip C