REMAL DASS SUNAM RAI Vs. STATE

JUDGEMENT

(1.) THIS is a petition of revision on. behalf of two accused-petitioners from the order of the learned Sessions Judge, Hissar rejecting their appeal. The Magistrate 1st Class, Fatehabad had found the two accused guilty under Section 336. Indian Penal Code, and had sentenced each of them to pay a fine of Rs. 100/- or in default to undergo simple imprisonment for two weeks.

(2.) THE prosecution allegations against the two petitioners were that on 13th February, 1962 at about 8-30 p. m. in the area of village Aharwan they were armed with guns. At that time the complainant Joginder Singh along with his friends had arrived there in a jeep. On seeing them the two petitioners fired shots in the air in a rash and negligent manner so as to endanger the public safety and human life. The complainant and his companions had concealed themselves behind the jeep and on this the petitioners went away on their tractor. The complainant and his companions followed them and the petitioners again fired shots in the air. It is stated that ultimately Joginder Singh complainant struck a lathi blow on the but of the gun of Ramchand Singh petitioner and overpowered him. The other petitioner was also overpowered.

(3.) IN the examination of the accused Ramchand Singh, the following question was put by the Magistrate-There is accusation against you that on 13-2-1962 at about 830 p. m. in the area of village Aharwan you along with your co-accused Remai Dass, Jit Singh and another person were present armed with your gun and Remal Dass had his own gun. At that time Joginder Singh complainant along with his party reached there in jeeps and cars and stopped near you. On seeing them halting you fired shots in the air in a rash and negligent manner so as to endanger public safety and human life. On it the P. W. s took their positions behind jeeps etc. and you along with your co-accused made good escape by riding on tractor No. P. N. W. 1777 belonging to you and went towards the canal road of Munshiwala minor where you and your co-accused were surrounded by the "p. W. s. Again you fired a shot in the air but Joginder Singh hit a lathi blow on the but of your gun as a result of which the gun fell down on the ground and you and your co-accused were overpowered by the P. Ws. What have you to say about it?" To this the accused replied as under--