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2026 Supreme(HP) 490

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RAKESH KAINTHLA, J.
Gurmeet Singh @ Meeta – Appellant
Versus
State of H.P. – Respondent
Cr. Revision No. 120 of 2014
Decided On : 01-01-2026

Advocates Appeared:
For the Appellant : Karan Singh Kanwar
For the Respondent: Jitender Sharma

Revisional court cannot reappraise evidence or interfere with concurrent conviction for assault on public servant absent perversity; official testimonies, medical evidence and cross-suggestions sufficiently corroborate prosecution.

Headnote:(A) IPC - Sections 332, 353 and 290 - CrPC - Section 397 - Criminal Revision - Assault on public servant discharging duty by catching uniform collar, slapping and causing neck injuries - Conviction under Section 332 by Trial Court (6 months SI and fine of Rs.1000/-), upheld by Appellate Court - Revision challenging appreciation of evidence, contradictions, hostile witnesses and sentence - Revisional jurisdiction narrow; not appellate power to reappraise evidence or substitute views unless patent defect, jurisdictional error, perversity or gross miscarriage of justice (Paras 13-17).

(B) Evidence Act - Section 153(3) - Suggestions in cross-examination - Incriminating suggestions bind accused and corroborate prosecution (e.g., admitting public liquor consumption leading to altercation) (Para 19).

(C) Witnesses - Official witnesses and victim corroborated by prompt statement, medical evidence (neck injuries by beating), site recoveries (liquor bottle, glasses, torn button, shirt) - Minor contradictions immaterial unless shaking core - Hostile independents impeached by prior inconsistent statements (Paras 18-33).

(D) Probation of Offenders Act - Benefit denied for using force on public servant (Para 35) - Sentence adequate to deter (Para 36).

Facts of the case:
Police party on patrolling found persons consuming liquor publicly outside shop; advised against; one caught informant's collar, slapped, injured neck, tore shirt button. FIR registered, investigated with medical exam, site plan, seizures. Prosecution examined 10 witnesses; independents turned hostile.

Findings of Court:
Prosecution case proved beyond doubt; no perversity in concurrent findings warranting interference.

Issues: Scope of revisional jurisdiction; reliability of official testimonies despite minor contradictions and hostile independents; adequacy of sentence; possibility of self-infliction.

Ratio Decidendi: Victim and official testimonies credible, mutually corroborated with medical, circumstantial evidence; cross-suggestions confirm incident; minor discrepancies natural; no perversity justifying reappraisal; force on public servant undeserves probation leniency.

Result: Revision dismissed.

Table of Content
1. policeman assaulted preventing public liquor consumption. (Para 1 , 2)
2. trial convicted on official witnesses; appeal upheld. (Para 3 , 4 , 5 , 6 , 7)
3. revision contends contradictions, harsh sentence. (Para 8 , 9 , 10 , 11)
4. revisional court limits to patent errors, perversity. (Para 12 , 13 , 14 , 15 , 16 , 17)
5. suggestion binds accused, proves presence, consumption. (Para 18 , 19 , 20)
6. credible testimony overrides medical alternatives. (Para 21 , 22 , 23)
7. official witnesses, recoveries corroborate assault. (Para 24 , 25 , 26 , 27 , 28)
8. hostile witnesses discredited by inconsistencies. (Para 29 , 30 , 31 , 32 , 33)
9. section 332 ipc ingredients satisfied. (Para 34)
10. no probation for public servant assault. (Para 35 , 36)
11. revision dismissed, concurrent findings affirmed. (Para 37 , 38 , 39)

JUDGMENT :
RAKESH KAINTHLA, J.

1. The present revision is directed against the judgment dated 11.4.2014, passed by learned Sessions Judge, Sirmour District at Nahan, (learned Appellate Court) vide which the judgment of conviction dated 21.2.2013 and order of sentence dated 25.2.2013, passed by learned Chief Judicial Magistrate, Sirmour District at Nahan (learned Trial Court), were upheld. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

2. Briefly stated, the facts giving rise to the present revision are that the police presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Sections 353, 332 and 290 of the Indian Penal Code (IPC). It was asserted that the informant HHC Pradeep Kumar (PW6), Constable Jagat Singh (PW9), HHG Balak Ram (PW2) and HHG Mohan Singh (not examined) were on a patrolling duty on 22.1.2008. They reached near the shop of Kulveer Singh (PW5) located in Mohalla Govindgarh, at about 6.30 PM. Gurmeet Singh (accused) and another person were consuming liquor outside the shop. Pradeep Kumar (PW6) advised the accused not to consume liquor at a public place. Gurmeet Singh became infuriated, caught hold of the informant’s uniform, and slapped the informant. The informant sustained injuries to his neck. The button of his shirt was torn. Another person ran away from the spot. Surinder Kumar (PW1) rescued the informant from the accused. The matter was reported to the police. An entry No. 10 (Ex.PW3/B) was registered in the Police Station. ASI Ram Lal (PW8) went to the spot to verify the correctness of the information. The informant made a statement (Ex.PW6/A) which was sent to the Police Station, where FIR (Ex.PW8/A) was registered. ASI Ram Nath (PW8) investigated the matter. He prepared the site plan (Ex.PW8/C). He seized the liquor bottle (Ex. P3) bearing Mark ‘Lal Kila’, one broken button (Ex. P2) of the uniform, and two empty glasses (Ex. P4) vide memo (Ex.PW1/A). He sealed the bottle with seal ‘M’. He put the broken button into a cloth parcel and sealed the parcel with seal ‘T’. He seized the shirt (Ex. P1) vide memo (Ex.PW1/B). He put the shirt in a cloth parcel and sealed the parcel with a seal impression ‘T’. He obtained the seal impression ‘M’ (Ex.PW8/F) and seal impression ‘T’ (Ex.PW8/E) on separate pieces of cloth and handed over the seals to Balak Ram. He filed an application (Ex.PW8/M) for conducting the medical examination of the informant. Dr S.M. Ali (PW4) medically examined the victim and found that he had sustained multiple injuries which could have been caused by beating. He issued the MLC (Ex.PW4/A). ASI Ram Nath seized the informant’s posting and transfer orders (Ex.PW7/A and Ex.PW7/B). He recorded the statements of the remaining witnesses as per their version. After the completion of the investigation, a challan was prepared and presented before the learned Trial Court.

3. The learned Trial Court charged the accused with the commission of offences punishable under Sections 353, 332 and 290 read with Section 34 of the IPC, to which he plea


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