PHUDKI Vs. STATE

JUDGEMENT

(1.) THIS is an application by Phudki who has been convicted by one of the learned Additional sessions Judges of Meerut under Section 186, Penal Code and sentenced to undergo rigorous imprisonment for a period of three months.

(2.) THE facts giving rise to this criminal revision briefly stated were these: On the 7th of April, 1949, Sub-Inspector Himmat Singh of police station Garhmukteshwar started an investigation in regard to a dacoity case. He decided to arrest the applicant that night, and in order to give effect to that decisions of his, he asked his second officer Richpal Singh to go down with two constables to the house of Phudki and to arrest him. When S. O. Richpal Singh and the constables reached the house of Phudki, Phudki, somehow, got scent of their arrival and actually opened a back door and ran for liberty. The police officer and the two constables chased him and while so chasing him, the police constable fired a pistol shot at Phudki, Phudki shouted for help saying that he was being killed. Thereupon several villagers turned up and they assaulted the police officer and the two constables. In the meanwhile, Himmat Singh, the Sub-Inspector, also arrived on the scene and there was some sort of a fight between the police and the villagers and some villagers were injured while the two constables sustained some minor injuries.

(3.) FIFTEEN persons were put up for trial under Section 332, I. P. C. , including the applicant. They were all convicted by the Magistrate under Section 332 and awarded a sentence of two years' R. I. and a fine of Rs. 100/- each, or in default of payment of fine to undergo a further period of six months' R. I.