MOHAN AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) OUT of the seven appellants in this appeal, while Mohan appellant No. 1 was found guilty for offences Under Sections 323, 149, 148, 324 and Section 324 read with Section 149 IPC, the rest of the appellants were found guilty Under Sections 323, 147, 324 read with Section 149 and Section 325 read with Section 149, IPC. How ever, instead of being sentenced for imprisonment, all the appellants were given benefit of Section 4 of the Probation of Offenders Act and they were released upon entering into a bond for a period of 3 years. Yet the appellants have come in an appeal to this Court.

(2.) THE main argument advanced by the learned Counsel for the appellants was that the prosecution had not come with a true version about the origin of the fight and the manner in which the incident took place. The appellant Mukh Ram has come forward with a counter version and his version is more probable on account of the existence of injuries on his body which remained unexplained by the prosecution. It was urged that the prosecution did not explain the injuries sustained by Mukh Ram and that there is a counter case against the complainant -party in that respect. The submission was that the appellants were not aggressors.

(3.) CONSEQUENTLY , the conviction of the appellants for the offences charged deserve to be set -aside and all of them deserve to be acquitted. The Rajasthan State Police should learn a lesson for further and The State Govt. should effectively control its Police administration by giving clear guidelines to the Investigating Machinery to correctly investigate the incident and uphold the criminal law of the land and ought not to misuse it for ulterior ends.