RANJITSINH S RATHOD Vs. STATE

JUDGEMENT

(1.) The main substratum of this appeal preferred by a convicted Police personnel, is the tale of the protector of Law and Order who turns perpetrator of it in purported exercise of personal right to organise and resort to STRIKE beyond the frontiers of Law and horizons of Justice warranting appreciation of and adjudication under the several provisions of Law relating Police Personnel and Police Force in India.

(2.) By filing this appeal, the appellant who is original accused has assailed judgment and order of conviction and sentence, passed against him, by the learned Additional Sessions Judge, Ahmedabad, Rural, on 30-12-1988, in Sessions Case No. 120 of 1988. As per impugned judgment and order of the trial Court, the appellant-accused came to be convicted for the offence punishable under Sec. 3 read with Sec. 4 of the Police Forces (Restrictions of Rights) Act, 1966 [Police Forces Act] and also under Sec. 145(2) of the Bombay Police Act, 1951. The appellant-accused is ordered to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1,000/- and in default, to undergo Simple Imprisonment for three months for the offence punishable under Sec. 3 read with Sec. 4 of the Police Forces (Restriction of Rights) Act and he is also ordered to undergo Rigorous Imprisonment for three months and to pay a fine of Rs. 100.00, in default of payment of fine, to undergo Simple Imprisonment for one week for the offence punishable under Sec. 145(2) of the Bombay Police Act, 1951.

(3.) Being aggrieved by the said judgment and order passed in Sessions Case No. 120 of 1988, the learned Additional Sessions Judge, Ahmedabad, Rural, on 30-12-1988, the accused has come up before this Court challenging its legality and validity under the provisions of Sec. 374 of the Code of Criminal Procedure, 1973 ('Cr. P. C.' for short).