INDER SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) BOTH the revision-petitioners were convicted by the learned Chief Judicial Magistrate, Rohtak under section 34 of the Police Act and sentenced to pay a fine of Rs. 25/- each; in default of payment of fine the defaulting accused was further sentenced to rigorous imprisonment for five days. The prosecution case is that Inder Singh and Dharam Chand were working as Ahlmad and Reader in the Court of Sub Judge Ist Class, Jhajjar, District Rohtak. On the night intervening 10th and 11th of April, 1985 they went to the court at about 12.00 midnight in a drunken condition, opened the court room,went inside the office and vomitted. Kapoor Singh P.W. 1, was the chowkidar on duty. Both the accused quarrelled with him. The, Chowkidar reported the matter to the police. Bhoj Raj, Assistant Sub Inspector, along with Satpal, Constable accompanied the Chowkidar and the three of them were coming when they met both the accused at Raiya Chowk where they were making noise and quarrelling with each other. They were arrested by the Assistant Sub Inspector and were medically examined at 12.30 at night. Dr. S.K. Wadhwa, P.W. 4, found that they were smelling of alcohol, talking irrelevantly and were staggering; their pupils were dilated. The medical officer concluded that they were under the influence of liquor.

(2.) AT the trial, the prosecution examined Kapoor Singh, Chowkidar, P.W. 1; Satpal Constable, P.W. 2; Bhoj Raj, Assistant Sub Inspector, P.W. 3; And Dr. S.K. Wadhwa, P.W. 4.

(3.) THE learned Chief Judicial Magistrate believed the prosecution evidence and convicted and sentenced the accused as aforesaid.