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2009 Supreme(HP) 535

KULDIP SINGH
NAZIR – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocates Appeared
For the Petitioner:Mr. G.D. Verma, Senior Advocate with Mr. Pradeep Verma,
Advocate.
For the Respondent:Mr. Anshul Bansal, Additional Advocate General.

JUDGMENT

Kuldip Singh, J.-This revision is directed against the judgment dated 9.8.2002 passed by Additional Sessions Judge, Mandi in Criminal Appeal No. 12 of 2000 affirming conviction and sentence of petitioner under Section 332 IPC imposed by the trial Court.

2. The prosecution case, in brief, is that PW-7 Jai Singh alongwith PW-1 Bakshi Ram, B.O. Bakshar on 24.9.1997 at about 2.30 p.m. were going in a maruti van bearing No.HP-22-0979 from Mahu Nag to Churag patrolling / inspecting forest. They found barbed fencing removed near forest O.D.-117 Dharmour Alyar. Some Gujjars namely Yusuf, Gulzar, Deen Mohd. and Nazir had let their buffaloes, horses and cows to graze in the demarcated forest. The Complainant asked accused Gujjars to take out their cattle from the forest. The aforesaid Gujjars were having dandas in their hands. They threatened the complainant and abused him and thereby deterred the complainant from discharging his official duty. Nazir gave a danda blow on the right lower leg of PW-7, as a result of which he sustained simple injuries. PW-2 Sant Ram and one Man Singh were on the spot. The complainant raised cries and on hearing the cries of the complainant, PW-3 Vir Ch
















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