SAGWAN PASI Vs. STATE OF BIHAR

JUDGEMENT

(1.) There were eight persons on trial. All of them were charged under Sections 147, 325 read with Sections 149 and 353 of the I, P. C. The petitioners were convicted under Section 353 and sentenced to undergo rigorous imprisonment for four months, Petitioners Nos. 1 and 2 were convicted under Section 325 and sentenced to undergo rigorous imprisonment for eight months. The sentences were ordered to run concurrently. Five other accused persons were, however, acquitted by the trial Court,

(2.) The prosecution story, in brief, was that constable No. 17, Baijnath Pandey (P. W. 3) of Mirganj P. S. was on patrol duty on 3-10-70 along with another constable Md. Isha, who has not been examined in this case. At 8-30 p.m. they received information at Hathua Bazar that some dacoits had assembled and were taking toddy in the shop of Sagwan Pasi. They immediately rushed there and found that eight accused persons on trial along with 4 or 5 others were drinking toddy and on seeing the constables all of them stood up and started running away. One of them was apprehended and then, it is alleged, all the eight accused persons named in the F.I.R. started assaulting the constables with lathi and also took away the cane and torch. In that scuffle the uniform of Baijnath Pandey was torn. On these allegations a F.I.R. was lodged and investigation was taken up by the police, and ultimately charge-sheet was submitted against the petitioners and five others and they were put on trial.

(3.) There was common charge under Sections 147, 325 read with Sections 149 and 353, Penal Code, against all the petitioners and five others, that they were members of an unlawful assembly the common object of which was to assault and with that common object they had committed an offence under Section 147 of rioting. The second charge was that all of them had assaulted constable Baijnath Pandey and Md. Isha and in pursuance of their common object one of the members caused grievous hurt to them. The third charge under Section 353 was framed on the ground that these petitioners along with others assaulted constable Baijnath Pandey (P. W. 3) and Md. Isha, who were engaged in execution of their duties as public servants.