RAM SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE six appellants have filed this appeal against their convictions made in Sessions Trial No. 3 of 1972 of the Court of the Sessions Judge, Dewas. The accused -appellants have been convicted as under: -

(2.) THE prosecution case briefly stated is that on 1 -7 -1971 the police party consisting of Head -constables Umashankar (P.W. 1) and Janaksihgh (P.W. 3) and constables Khalil (P.W. 4) and Harpal (P.W. 10) along with excise -contractor Phoolchand P.W. 6) went to the house of Ramsingh at village Thana in Kannod Tahsil for seizing illicit liquor from his house. They actually seized some liquor as testified by Moolchand (P.W. 5) and Nemichand (P.W. 9) and arrested Ramsingh.

(3.) THE trial Court convicted all the accused on the finding that they were members of an unlawful assembly, they had deterred a public servant in the discharge of his duty and they were guilty of the offence of rioting. As against Ramsingh the Court held that he was guilty of the offence punishable under section 307 IPC.