LAWS(P&H)-1970-4-20

JOGINDER SINGH AND OTHERS Vs. THE STATE

Decided On April 02, 1970
Joginder Singh and Others Appellant
V/S
THE STATE Respondents

JUDGEMENT

(1.) JOGINDER Singh, Uttam Singh, Mukhtiar Singh and Jit Singh were tried alongwith five others under Section 333, Indian Penal Code, read with Section 149, Indian Penal Code, Section 332, read with Section 149 Indian Penal Code, and Section 149, indian Penal Code and by order dated 15th April, 1969, of the Additional Sessions Judge, Hissar, the four Appellants were convicted under Section 333, read with Section 34, Indian Penal Code, and Section 332, read with Section 4, Indian Penal Code, while five other accused were acquitted. The Appellants have been sentenced to two years' rigorous imprisonment each under Section 333, read with Section 34, Indian Penal Code, with a fine of Rs 250/ -each, and to one years rigorous imprisonment each under Section 332, read with Section 34, Indian Penal Code. Being aggrieved the convicts have come up in appeal to this Court.

(2.) THE case of the prosecution is that on 11th of January, 1967. Shri Hardit Singh, Assistant Sub -Inspector of Police, Police Station Sadar Hissar received secret information that the Appellants were distilling illicit liquor and on getting this information he formed a raiding party after sending a ruqa to the police station for registration of the case. The raiding party consisted of Dhan Singh, Kheta Ram and Har Chand P. Ws. besides some police constables and some members of the excise staff. A tempo was hired and the entire party reached village Dhani Piranwali and went to plot No 43 where the liquor was being distilled. Shri Hardit Singh P.W. found bad smell of lahan coming from the jhugi of Joginder Singh and the raiding party surrounded the jhugi in order to recover the working still. The story further is that the four Appellants and the five other accused were present inside the jhugi and finding it surrounded they came out and started causing injuries to Hardit Singh and his companions. At that time Joginder Singh is alleged to have been armed with an iron palta while the other accused were armed with lathis. The raiding party also resisted and caused some injuries to the accused in return in order to defend themselves. Out of the raiding party Hardit Singh A,S.I. Dhan Singh, Mohinder Singh and Om Parkash received injuries while on the side of the accused Jita Mukhtiar Singh, Joginder Singh and Mohri Bai received injuries. Hardit Singh had also fired three shots from his revolver in order to scare the assailants and this had the desired effect. After causing injuries the accused tried to run away and excepting Jit Singh, who was apprehended at the spot, the others made good their escape. Hardit Singh then lodged the report at Police Station Sadar, Hissar, at about 9 p.m. on the basis of which the accused were tried, convicted and sentenced as above.

(3.) SUPPORT for the above argument is sought from State of Rajasthan v. Rehman, : A.I R 1960. S.C. 210. Prem Chand and Ors. v. The State,, (1964) 66 P.L.R. 569. and Mathukhan v. State of Rajasthan. : A I.R. 1969 Raj. 121.