MURLIDHAR & ORS. Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) The courts below have concurrently found that the appellants before us having indulged in violence would, therefore, be guilty of offences under Sections 323 and 324 of the Indian Penal Code. That being the case, they have been sentenced to a period of one year's imprisonment each.

(3.) Ordinarily, this Court would not have interfered with the concurrent findings both on the guilt of the accused as well as the sentence. However, we find that insofar as the present accused are concerned, the present accused got attracted to the spot at the fag end of the incident after hearing some noise and there was, therefore, a clash between two groups which caused simple injuries to each other. It was further found in view of this, that it could not be said that the accused constituted an unlawful assembly.