KHUNNA GANGADHAR Vs. STATE

JUDGEMENT

(1.) 20 persons. including Khunna, Gangadhar, Hazari, Hatilal, Shivlal, Kajora, Fattai and Lohari were challaned by the Police Sapotra in Karauli Sub - Division of Sawai Madhopur District. Lohari, Fattai and Kajora were challaned under sec. 224 of the Indian Penal Code and the rest under secs. 148, 225, 332, 341 and 395 of the Indian Penal Code. The case against them was that Lohari, Fattai and Kajora had been taken into Police custody for some offences on the 22nd of July 1948. On the morning of 24th July, 1948, when Balsingh, Harihar and Murari constables were taking these three persons for a wash, Khunna Gangadhar and one other man came to the Police Station Sapotra to enquire about the Inspector who had taken the three men in custody. On being informed that the Inspector was asleep, Khunna asked Bhaironlal Moharrir of the Inspector to wake him up. Bhairon Lal asked these men to bring the surities as ordered. In the meanwhile 25 to 30 men armed with Lathis and Gandasas entered the Police Station while 300 to 400 men armed with Lathis, Guns and Gandasas stood outside. The mob entered in the Police Station, rescued and took away the three arrested persons, after pushing aside the constables, Balsingh, Harihar and Murari, who tried to stop them. One blanket which was being used by the arrested persons belonging to the Government was also taken away by those people. The mob shouting 'veer Vasion Devi ki Jai' outside the 'thana' withdrew from the scene. The Inspector was awakened by the noise and the mob had in the meanwhile cleared out of the Police Station, but Khunna lagged behind and when the Inspector gripped with him, he relieved himself from the Inspector's grip with a jerk and joined his companions.

(2.) OUT of the 20 accused challaned, 2 died before the framing of charge and 10 were discharged. Kajora, Lohari and Fattai were charged under sec. 224 Indian Penal Code and the remaining 5 i. e. Khunna, Gangadhar, Azari, Hatilal and Shivlal were charged under secs. 148, 225, 353 and 395 I. P. C. Hatilal died after the charge and only 7 accused were put on their trial Kajora, Lohari and Fattai under sec. 224 of the Indian Penal Code and the remaining 5 including Khunna & Gangadhar under secs. 148 225, 353 and 395. All the accused denied the charge. The learned Additional Sessions Judge, Gangapur however, convicted Khunna and Gangadhar appellants under sec. 144 of the Penal Code and sentenced Khunna to one year's simple imprisonment and Gangadhar to one and a half year's rigorous imprisonment. They have both come in appeal to this court.