STATE Vs. HARBHAJAN SINGH

JUDGEMENT

(1.) This appeal is brought by the State against an order of acquittal by Sessions Judge I.M. Lal of Ambala acquitting Harbhajan Singh of the offence under section 323, Indian Penal Code, on the ground that the proceedings before the Magistrate who convicted him were without jurisdiction.

(2.) The facts of the case are that Ripudaman Singh, Tara Singh, Avtar Singh, Harbhajan Singh and Mukand Singh were sent up for trial under section 147 read with section 367 and Section 342 of the Indian Penal Code. The trying Magistrate after recording evidence framed three charges against the accused :-

(3.) He found that no offence under section 367 had been proved and that all the accused could not be held to be members of an unlawful assembly. He also held that only Ripudaman Singh and his son Avtar Singh were guilty under section 342 and Avtar Singh, Tara Singh and Harbhajan Singh accused were guilty under section 323 of the Indian Penal Code, and he sentenced each one of these three accused to a fine of Rs. 100/- under section 323, Indian Penal Code, and Ripudaman Singh and his son Avtar Singh were sentenced to three months' rigorous imprisonment under section 342, Indian Penal Code. Mukand Singh accused was acquitted.