JAGANNATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) EACH of the eleven accused petitioners was convicted by the learned Chief Judicial Magistrate under his judgment dated 13th June 1985 u/s 147, 323/149 IPC as well as under Sec. 4 of the Protection of Civil Rights Act, 1955 (for short P. C. R. Act ). Under first count each of them was sentenced to undergo one month simple imprisonment and to pay a fine of Rs. 100/- and in default of payment of fine to further suffer one month simple imprisonment. Under second count each of them was sentenced to a fine of Rs. 100/- or in default of payment of fine to further suffer one month simple imprisonment and so far as third and last count under Section 4 of the P. C. R. Act is concerned, the accused petitioners were sentenced to undergo one month simple imprisonment and to pay a fine of Rs. 200/- or in default of payment of fine to further suffer two months simple imprisonment. EACH of them had also been convicted u/s. 4 (2) of the same Act read with Section 7 (d) and had been sentenced to undergo one month simple imprisonment and to pay a fine of Rs. 200/- or in default of payment of fine to further suffer two months simple imprisonment. The substantive sentences were sentenced to run concurrently.

(2.) THE accused petitioners and one Prabhu S/o Har Sahai preferred an appeal before the learned Sessions Judge. THE learned Sessions Judge under his judgment dated 21. 05. 1987 dismissed the appeal of the accused petitioners but allowed that of Prabhu.

(3.) AFTER having heard learned counsel for the petitioners and having gone through the record of the case as well as the judgments of the courts below, there can be no dispute that the occurrence had taken place as alleged by the prosecution. It took place when the marriage party of Banwari Lal had come to the village for celebration of the marriage with Vimla D/o Chandu PW 12. It took place when Banwari Lal PW 7 was riding a mare and was going in a procession for marriage as per custom of the community. The accused petitioners and others had first asked the father of Banwari Lal and others that they will not tolerate a member of the scheduled caste riding a mare and going in a procession through the village and when the members of the marriage party refused to pay any heed, the injuries were caused to the above mentioned persons by the accused petitioners and the marriage could not be performed on that day as all the members of the marriage party had to run away for safety from the place of occurrence. The marriage could only be celebrated on the next day with the help of the police.