BABU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All the above named seven accused persons have been convicted by the learned Additional Sessions Judge No 1, Jodhpur in case No. 10/74 under Sections 332 and 353 of the Indian Penal Code. But each of them has only been sentenced under section 332 I.P.C. to undergo four months' rigorous imprisonment, for, they were also tried under section 307/149 I. P. C. but they were acquitted.

(2.) In brief, the facts of the case are that one Ram Ratan Kewalia P. W. 2 was Additional Patwari Devikot. A tank known as 'Chachak-de' was being constructed in the village Megha Patwar circle Rama, Tehsil Jaisalmer under the Famine works and Ramratan Kewalia was asked to supervise. The work started on May 24, 1973 and many Villagers were employed on the said work. It is alleged that on May 29, 1973. when the attendance was taken in the evening one Smt. Hajari was absent but one Lachhi made a proxy for her. Bhanwarsingh who was a site mistry brought this to the notice of Ramratan P. W. 1 and he marked Smt. Hajari absent in the muster roll. Lakha accused-appellant then quarrelled with Ramratan and the matter ended. But when in the evening at about 5 or 6 Ramratan P. W. 6 was going back from his work to his residence, it is alleged that 20 to 25 neighbours came and the 7 accused appellant encircled him. Lakha accused caught hold of Ramratan by his neck and in his scuffle went to snatch the attendance register which was torn. It is also alleged that other accused persons caught hold of Ramratan. All the accused persons were tried by the Additional Sessions Judge for the various offences and as a result it is observed, they were convicted and sentenced as aforesaid.

(3.) I have been taken to the evidence on record and I may straight away say that only case against Lakha alias Ladia accused-appellant No. 2 under sections 332 and 353 I. P. C. is made out. I will presently give the reasons for it.