GOPICHAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANTS have preferred this appeal challenging their conviction and order of sentence passed by Third additional Sessions Judge, Satna in S. T. No. 89/86 vide judgment dated 18. 10. 94.

(2.) APPELLANTS have been convicted under Section 332 of IPC for voluntarily causing hurt to Deputy Ranger forest, Divakar Prasad Pandey, a public servant, in execution of his official duty and sentenced to pay a fine of Rs. 1,000/-each, in default rigorous imprisonment for three months by the impugned judgment.

(3.) ACCORDING to prosecution, on 18. 5. 85 about 8 'o'clock in the morning, when Deputy Ranger Forest, divakar Prasad Pandey was on duty alongwith Forest Guards chhotelal and Dinesh Prasad Shukla in Forest Depot, amarpatan, appellants with two-three other persons came there and asked them to give bamboos. Deputy Ranger, divakar Prasad Pandey told them that as per rules only 25 bamboos could be given to one person on the basis of registration or panchayat certificate. Then appellants and other persons accompanying them got enraged and demanded 500 bamboos per person at fair price, else they would take them to task. When Deputy Ranger divakar Prasad Pandey expressed inability to concede to their demand, appellants began hurling abuses, intimidated him, caught hold of the collar of Forest Guard Chhotelal and began assaulting him. When Deputy Ranger, Divakar Prasad pandey tried to intervene, the appellants assaulted him and caused grievous hurt. Forest Guard Chhotelal also sustained injuries in the incident. Upon hue and cry, Jagdish Prasad shukla, Dinesh, Dashrath, Girija Prasad and Pramod Kumar came to their rescue, then the appellants and other co-accused persons fled away snatching the bag of Dinesh containing one thousand rupees. A written report of the incident was made by Deputy Ranger, Divakar Prasad Pandey to the Station House Officer, P. S. Amarpatan, on the basis of which an offence was registered against the appellants and other co-accused persons. Complainant Divakar Prasad pandey and injured Chhotelal were sent for medical examination. After due investigation, appellants and twelve other co-accused persons were prosecuted under Section 147, 332, 333, 294, 506-B of IPC and were put to trial.