GYAN BAHADUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dared 1-1-1997 passed by Additional Sessions Judge, Durg in Sessions Trial No. 15/1991 convicting the accused/appellant for the offence punishable under Sections 186 and 332, IPC and sentencing him to undergo SI for three months with fine of Rs. 500/- u/S. 450 and RI for seven years with fine of Rs. 200/- u/S. 186 and SI for two years with fine of Rs. 500/- u/ S. 332, IPC, plus default stipulations.

(2.) Case of the prosecution in brief is that on 31-3-1990, FIR Ex. P-l was lodged by constable Hem Kumar (PW-3) alleging that on that day he along with other staff members was assigned Government duty between Dongargarh and Raipur in train known as Chhattisgarh Express, on the occasion of Mela. It is alleged that near Charoda cabin-H, the train was stopped by pulling the chain and after getting down he saw the accused./ appellant cutting hotch pipe of bogie Nos. 7293 and 5698. When he and other police people asked the accused/appellant not to do so, in reply he said that on the previous night some police people had assaulted the railway employees and therefore he would not allow the train to move. Thereafter, the accused/appellant called his colleagues who were also involved in stopping the train informed them that the complainant was not permitting him to cut the hotch pipe. Immediately thereafter all the accused persons including the accused/appellant started pelting stones at the complainant and the other police people as a result of which he went inside a bogie to save himself but accused/appellant along with two-three other persons also got into the bogie, started beating and pulled him down. It is alleged that somehow he was taken by the railway employees to guard's coach but even then the accused/appellant along with his companion tried to follow him, abused and threatened of his life. Based on this FIR, offence under Sections 353, 294, 506-11, 186 and 323, IPC and 108 of the Railways Act was registered against the accused/appellant and some unknown persons. Hem Kumar (PW-3) was medically examined on 31-3-1990 vide Ex. P-3 by Dr. Kiran Agrawal (PW-9) and two simple injuries were found on his body. After investigation, charge-sheet was filed on 25-8-1990 under the same Sections. However, the Court below framed charge under Section 128 of the Railways Act and sections 186, 332 and 506 II, IPC.

(3.) In support of its case, the prosecution has examined 10 witnesses. Statements of the accused persons including the appellant were also recorded under Section 313 of the Code of Criminal Procedure in which they pleaded their innocence and false implication in the case.