CHHOTA SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against the judgment dated 05.04.1994 passed by the learned Addl. District & Sessions Judge No.1, Sriganganagar Camp - Srikaranpur, in Cri.Appeal No.72/1987, whereby he dismissed the appeal of the petitioners and confirmed the judgment dated 18.08.1987, passed by the Munsif and Judicial Magistrate First Class, Srikaranpur by which he convicted the accused petitioners under section 326/149 Penal Code to 2 years rigorous imprisonment and a fine of Rs. 100.00, under section 324/149 Penal Code to one year's rigorous imprisonment and a fine of Rs. 100.00 , under section 148 Penal Code a fine of Rs. 100.00 and under section 323 Penal Code a fine of Rs. 100.00 and in default of payment of fine of Rs. 400.00 to further undergo four months rigorous imprisonment. All the sentences were ordered to run concurrently.

(2.) The brief facts of the case giving rise to this revision petition is that PW/7 Mohan Lal , lodged an FIR on 22.06.1980 at Police Station , Kesarisinghpur alleging interalia that on 21.06.1980 at about 09.00PM Chhota Singh and Lal Chand were selling liquor in front of the house of the informant. The informant asked them not to do so, but they did not agree and they got annoyed. Thereafter, accused Chhota Singh, Lal Chand, Kishbore Singh , Inder Mohan and Amar Singh all came there armed with 'kasia', 'lathi', 'gandasa" etc. and Lal Chand gave a kasia blow on the foot of the informant. Lal Chand also caused a barcha blow on the head of Banta Singh. Chhota Singh caused injury on Smt.Chhoto. Amar Singh and Inder Mohan caused injuries to Rashal Singh.

(3.) On the basis of above report, a criminal case was registered at Police Station Kesarisinghpur and the investigation commenced. During the course of investigation, the accused petitioners were arrested and after due investigation, charge sheet was filed against five persons namely, Chhota Singh, Lal Chand, Kishore Singh , Inder Mohan and Amar Singh.