REWARAM Vs. STATE OF M.P.

JUDGEMENT

(1.) The facts giving rise to this appeal by the accused Rewaram who has been convicted by the Sessions Judge, Vidisha under Section 147 and 325 IPC and sentenced to three months and six months R.I. respectively, are these.

(2.) THE prosecution case is that on 13 -9 -1969 at about 11.00 A.M. a crowd of about one to two thousand persons collected outside the house -cum -shop of P.W.2 Jamaluddin in the town of Vidisha and started crying that the house of Mohammedans may be set on fire and their property may be looted. It is alleged that the crowd broke open the door of the complainant's house and after bringing out the complainant gave him beating as a result of which he became unconscious. Thereafter the crowd looted the complainant's property from the shop as well as the house. The first information report of the occurrence was lodged by Jamaluddin at Police Station on 15 -9 -1969 at 9.00 A.M. The report has been marked Ex. P -4. In this report the complainant gave eight names from among the culprits They are: 1, Satish Kumar, 2. Rewa Chamar, 3, Nathu Chamar, 4. Nonit, 5. Imrat, 6. Moharsingh, 7. Dalchand, 8 Ramesh Jain.

(3.) AFTER trial the learned Sessions Judge, Vidisha by his judgment dated 31 -8 -71 acquitted Dalchand and Nathu but convicted and sentenced Rewaram as stated above.