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2010 Supreme(HP) 1161

SURINDER SINGH
Hem Singh – Appellant
Versus
State of H. P. – Respondent


JUDGMENT :

SURINDER SINGH, J.

1. The appellants were tried and convicted for the offences punishable under Sections 333 and 332 of the Indian Penal Code and each of them were sentenced to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs. 10,000/- u/s 333 of the Indian Penal Code and one month and fine of Rs. 3,000/- u/s 332 of the Indian Penal Code with default clauses, hence the present appeal.

2. The appellants were tried on the allegations that on 29th October, 1999 at about 3.20 p.m., PW1 Dr. Chaman Lal, Medical Officer posted in PHC Bagsaid was discharging his official duties in his office. It is alleged that prior to the alleged incident, father of appellant Pushap Raj and his brother had also picked up a quarrel with BMO Dr. Dinesh Sharma, who had lodged a reported against them. At about 3.30 p.m., he was attracted by the noise coming from outside the hospital campus. When he came out, he noticed the appellants, who were drunk, calling the bad names to Dr. Dinesh Sharma, the then Block Medical Officer (BMO). PW1 Dr. Chaman Lal desisted them from making the noise in the hospital campus, but despite that they continued hurling the abuses. On this,

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