Revisional jurisdiction under CrPC Section 397 is limited; no re-appreciation of evidence absent perversity in concurrent conviction for assaulting public servant, causing simple hurt and damaging public property; eyewitness credibility prevails.

JUDGMENT :
Rakesh Kainthla, J.

The present revision is directed against the judgment dated 06.11.2015 passed by learned Additional Sessions Judge-I, Mandi, District Mandi, H.P. (learned Appellate Court) vide which the judgment of conviction dated 18.01.2014 and order of sentence dated 3.03.2014 passed by the learned Judicial Magistrate, First Class, Karsog, District Mandi (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 petition are that the police presented a challan before the learned Trial Court against the accused for the commission of offences punishable under Sections 353 and 332 of the Indian Penal Code (IPC) and Section 3 of the Prevention of Damage to Public Property Act, 1984 (PDP Act). It was asserted that Bhuvnu Ram (PW1) was posted as Secretary in the Gram Panchayat, Jaral. He was discharging his duties on 26.04.2012. The accused Dalip Singh came to his office at about 4:15 P.M. in a state of intoxication. The accused picked up a quarrel with the informant without any reason and obstructed him in the discharge of his official duties. Kanshi Ram, Deema Ram (PW2) and Ex-Pradhan Shyam Lal were also present in the office, who pacified the accused. The accused went outside and returned after some time, holding his hands behind his back. He came near the victim and told him, ‘Bhai Sahib Kya Vichar Hai’ (brother, what are your thoughts). The accused was holding a stone in his hand. He inflicted an injury with the stone on the informant’s left eye and ran away from the spot. The informant reported the matter to the police through an application (Ex.PW1/A), and the police registered an F.I.R. (Ex.PW5/A). ASI Jhabe Ram (PW5) investigated the matter. He filed an application (Ex. PW5/C) for conducting the medical examination of the victim/informant. Dr Rakesh Gupta (PW9) conducted the medical examination of the victim/informant and found that he had sustained simple injuries which could have been caused by means of a blunt weapon, like a stone. He issued MLC (Ex. PW9/A). ASI Jhabe Ram went to the spot and prepared a site plan (Ex. PW5/D). He found blood stains on the spot. He scratched them with a blade and put them in a paper packet. He put the paper packet in a glass vial and sealed the vial in a parcel with seal ‘A’. He seized the blood stains vide memo (Ex.PW5/E). The victim produced one stone (Ex. P4), which was seized vide memo (Ex.PW1/B). The victim also produced the official calculator (Ex. P3), which was damaged in the incident. It was also put in a cloth parcel, and the parcel was sealed with four impressions of seal ‘A’. Seal impressions (Exs.PW5/F & PW5/G) were taken on separate pieces of cloth. ASI Jhabe Ram took the photographs (Ext. PW5/H to Ext. PW5/M). Jagdish Sharma (PW3) produced the appointment order (Ex.PW3/A) of the victim. Subhash Chand (PW4) produced the copy of the proceedings register (Ex.PW4/A). The case property was sent to RFSL, Mandi. Report of analysis (Ex.