ASHOK Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the appellate judgment and order dated 1-7-83 passed by the Additional Sessions Judge, Mhow in Criminal Appeal No. 247 of 1982 confirming the conviction of each of the petitioners under S.353/34, I.P.C. and reducing the sentence of rigorous imprisonment for one year and a fine of Rs. 500/- recorded by the Additional Chief Judicial Magistrate, Mhow in Criminal Case No. 183 of 1978 to R.I. for 6 months and fine.

(2.) Circumstances giving rise to this petition are these. According to the prosecution story on 2-2-78 Sub-Inspector Y.P. Yadav (P.W. 1) after search-warrant from the Deputy Superintendent of Police, raided the house of the petitioner Shankarlal and finding his son Subbash (since acquitted in appeal) indulging in Satta gambling, arrested him with money and articles. Later when Subhash was being taken to the police station, he himself and the three petitioners and 15 to 20 other persons pelted stones at the police party and were shouting that Panchnamas be snatched and the police party be beaten. They followed the police party up to the police station thereby obstructing the Sub-Inspector Yadav in the discharge of his public functions.

(3.) At the conclusion of the investigation, the petitioners along with Subhash were prosecuted. Charges under Ss.186 and 353, I.P.C. were framed against each of them.