SANJAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS appeal is directed against the judgment/order dated 30.5.1995, passed by the learned Additional Sessions Judge, Faridabad, whereby accused Sanjay Kumar, Vikram Singh, Pappu, Raja Ram, Dashrath and Khem Chand, appellants herein, have been convicted and sentenced to undergo rigorous imprisonment for 3 years under Section 436 of the Indian Penal Code and a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for 3 months and under Sections 452/149 of the Indian Penal Code to undergo rigorous imprisonment for 2 years and fine of Rs. 200/- and in default of payment of fine to further undergo rigorous imprisonment for two months and under Sections 353/332 of the Indian Penal Code, to undergo rigorous imprisonment for one year in case F.I.R No. 38 dated 23.1.1992, Police Station City Palwal. The sentences were ordered to run concurrently.

(2.) BRIEF facts of the case are that on 23.1.1992 Shri R.K. Bishnoi, the then Sub Divisional Judicial Magistrate, Palwal (P.W.1) was present in his retiring room and was busy in signing miscellaneous papers. At about 10.30 a.m. he heard the slogans 'Ram Rattan Murdabad' raised by the mob. Soon after some persons entered the court premises forcibly after breaking the window panes, doors etc. The entrance of the mob was resisted by the staff members of Shri R.K. Bishnoi, staff members of Shri A.K. Bhardwaj, Sub Judge 1st Class Palwal, Naib Court Dhan Singh, H.C. (P.W.7) and constable Om Parkash. During this resistance, one Babu Lal who was armed with a stick (danda) gave a stick blow on the head of constable Om Parkash and another stick blow on the leg of Naib Court Dhan Singh (P.W.7). Babu Lal also tried to give a stick blow on the person of Shri V.P.S. Sethi, Copyist (P.W.5), but he escaped. One Sudhir son of Nanak set the court building on fire with the help of other members of the unlawful assembly namely Parkash, Raja, Dashrath, Khem Chand, Pappu, Punni and Vikram and other members of the mob. These persons were armed with lathis and were heading the mob and were identified by the staff members namely Udham Singh Ahlmad (P.W.10), V.P. Sethi, Copyist, Dhan Singh, Naib Court, Constable Om Parkash and also by Sh. P.K. Mittal, Advocate, M.S. Rawat, Advocate, P.S. Gehlol Adv., Dalel Singh Adv. (P.W.5) and Shri Ram Singh Clerk of Shri R.C. Sarot, Advocate who were present at the spot and witnessed the whole occurrence. Due to the disturbance caused by these persons the courts could not function till 3.00 p.m. Shri R.K. Bishnoi sent a letter Ex.PA to the S.H.O. Police Station City Palwal on the basis of which Shri Kaur Singh ASI (P.W.6) recorded the formal F.I.R. Ex. PA/1. Shri Inder Lal, S.H.O. (P.W.3) reached at the spot and prepared the rough site plan Ex.PF of the scene of occurrence. He recovered some broken pieces of glass and wood from the scene of occurrence and the same were seized vide memo. Ex.PC. He recorded the statement of the witnesses. He also made applications Ex.PD and PE for the medical examination of the injured. Injured Om Parkash and Dhan Singh were medico-legally examined by Dr. Krishan Kumar on 23.1.92. He found three injuries on the person of Om Parkash vide MLR, copy of which is Ex.PB and two injuries on the person of Dhan Singh vide MLR, copy of which is Ex.PC. Statements of remaining witnesses were recorded by Rameshwar Dyal (P.W.9). On 19.4.92 all the accused persons were arrested. After completion of investigation and other usual formalities a challan was presented against six of the accused persons and the remaining accused persons were found not to have participated in the occurrence.

(3.) WHEN examined under section 313 Cr.P.C., all the accused pleaded false implication and claimed trial. All the accused were convicted. Hence this appeal.