Causing Injury To Public Servant On Duty Must Be Viewed Seriously; 6-Month Sentence Not Excessive: HP High Court
The Himachal Pradesh High Court has held that injury to a public servant while on official duty must be viewed seriously and a punishment of six months is not excessive in such cases.
Justice Rakesh Kainthla remarked that: “a sentence of six months cannot be said to be excessive because a public servant was injured while discharging his official duties, and such acts are to be viewed seriously”.
The Court stated that: “A deterrent sentence has to be awarded to dissuade the threat to public servant while discharging their duties”.
In 2012, the petitioner, Dalip Singh, was accused of attacking the Secretary of the Gram Panchayat while he was performing official duties.
It was alleged by the prosecution that the petitioner entered the Panchayat office in an intoxicated state and hit the secretary with a stone that injured his left eye.
The trial court convicted him of offences under Sections 332 and 353 of the IPC and Section 3 of the Prevention of Damage to Public Property Act, 1984.
The petitioner filed an appeal before the Additional Sessions Judge, Mandi, who upheld the conviction. Aggrieved the petitioner filed a revision petition before the High Court.
He contended that the courts below failed to properly appreciate the material on record, and he was not given the benefit of the Probation of Offenders Act.
The High Court observed that the complainant's version was supported by medical evidence and cross-examination.
The Court further remarked that the possibility of medical examination regarding the victim having sustained injuries by falling is an alternative hypothesis and is not supported by any material on record.
Further, the Court emphasised that discrepancies regarding whether the victim had consumed liquor or whether a goat was sacrificed nearby were minute and did not affect the main matter of the case.
Thus, the Court upheld the findings of the trial and Appellate Courts.
Case Name: Dalip Singh v/s State of Himachal Pradesh
Case No.: Cr. Revision No.459 of 2015
Date of Decision: 10.10.2025
For the apellant: Mr Ashil Bhushan Rehalia, Advocate, vice Mr Javed Khan, Advocate.
For the Respondent: Mr Lokender Kutlehria, Additional Advocate General.