OM PRAKASH Vs. STATE OF HARYANA

JUDGEMENT

(1.) Process Servers under Senior Subordinate Judge at Rewari, were tried for setting fire to some judicial record. All three were convicted by the learned Additional Sessions Judge, Rewari on 7/01/1993 for offence under Section 486,1.P.C. and sentenced to undergo rigorous imprisonment for three years, pay a fine of Rs. 500 /- each and in default of payment of fine to further undergo rigorous imprisonment for three months. Feeling aggrieved the accused appellants have come up in appeal.

(2.) On 22/05/1991 at about 2.30 p.m. Ram Chander (PW-5) Chowkidar on duty on the Court premises at Rewari saw the three appellants on the premises proceeding towards a tea stall. Later at 7 p.m. when Ram Chander returned to the Court premises he saw all three appellants sitting on lawyers' benches and abusing the Judges of Rewari. Ram Singh-appellant uttered that he had set fire to the files in the middle Court (Court of Shri R. N. Bharti (PW-9), Subordinate Judge, Rewari). Ram Chander did not take it seriously in the first instance but after a few moment's thought, reconsidered the utterance seriously and rushed towards the Court. In the Court he saw a bundle of files burning on the table. Ram Chander extinguished the fire, locked the Court-room and reported the matter to Sh. B. P. Hindal, the then Additional District Judge, Rewari. Sh. Jindal asked Ram Chander to inform the Chief Judicial Magistrate but when Ram Chander went to the residence of the C.J.M., the Judge was not found available at his residence. Thereafter, Ram Chander and the C.J.Ms. Peon Pushkar (PW-10) came to the Court building where they met two Stenographers of the Court, namely, Bharat Bhushan and Madan Mohan (PW-6). Ram Chander left the appellants under the supervision of these two persons and reported the matter to Shri P. L. Ahuja (PW-7), Sen ior Subordinate Judge at Rewari and also to Shri R. N. Bharti (PW-9). Thereafter, he returned to the Court. Sarvshri B. P. Jindal, P. L. Ahuja and R. N. Bharti also reached the Court. Ram Chander drafted a complaint and handed it over to the Senior Subordinate Judge and he was asked by the learned Judge to take the complaint to the police. It was thus that Ram Chander's complaint was lodged with S. I. Ishwar Singh (PW-12) of P.S. Rewari. On Its basis F.I.R. was registered and investigation was taken up.

(3.) At the spot the Investigating Officer met Reader Sat Narain, Stenographer Madan Mohan (PW-6), Sh. R. N. Bharti and Sh. P. L. Ahuja. In their presence site plan of the place of occurrence was prepared. The Investigating Officer recorded the statement of the witnesses. The spot was also photographed and ash of the burnt files was taken into possession.