GOPAL Vs. STATE OF M. P.

JUDGEMENT

(1.) This criminal appeal is preferred under Sec. 374 of the Code of Criminal Procedure, 1973 by the appellant being crestfallen by the judgment dtd. 13/10/2018 passed by the learned Additional Sessions Judge, Sendhwa, District-Barwani (M.P.) in Sessions Trial No. 139/2016 whereby the appellant has been convicted for the offence punishable under Ss. 148, 332/149 & 332 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced to undergo 2 years R.I., 3 years R.I. and 3 years R.I. with fine of Rs.1,000.00, Rs.1,000.00 & Rs.1,000.00 and usual default stipulation.

(2.) As per the prosecution story, on 11/9/2016, present appellants assembled all together before the police station and shown their agitation and anger by sloganeering and shouting against the order of banning the use of DJ in Ganesh Utsav procession. When force tried to intervene and attempted to keep them back, it was alleged that crowd did not allow them to do so and present appellants threw stones over them. Thereafter, Crime No. 180/2016 was registered under Ss. 147, 148, 353, 332 & 506 of IPC against all accused and final report was submitted.

(3.) The police party, following due procedure, arrested the appellants, registered the case against them. After necessary investigation, charge-sheet was filed against the appellants under Ss. 147, 148, 353, 332 & 506 of IPC. In turn, learned Magistrate has committed the case to the Sessions Judge. The learned Additional Sessions Judge framed the charges under Ss. 352/149, 332, 333/149, 506 (Part-II), 147 and 148 of IPC and Sec. 3 of Prevention of Damage to Public Property Act, 1984 and recorded the plea of appellants, wherein they had denied the charges and prayed for trial.