JARNAIL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Jarnail Singh and Bachan Singh claimed to be political workers of the Communist Party of India (Marxist ). According to them they have been raising their voice against illegal and arbitrary excess of police authorities and, therefore, they have incurred annoyance of the Police Officers. The case of the accused is that false cases are concocted by the police and they have not been found guilty so far in any of the cases.

(2.) THE present one is a case where accused have been convicted Under Section 189. IPC The prosecution case which has been proved against them is that, on 13-12-1971 at about 10. 15 A. M. when Shri Prakash Sardana, Police, Officer, was discharging his duties at the Police Station, Govindgarh in District Alwar, these accused along with a few others came in the Police Station. Jarnail Singh then asked the Police Officers why they have arrested their party workers Satyapal, Kishanchand and Hansa. Saying, so, they demanded their release and threatened the Police Officers with serious consequences. A tall claim was made by workers that they have taken to task many Thanedars who have been thrown out from the Police Station to other places. They said that they care a fig for the Government and they can shake any Government.

(3.) THE accused then started crying loudly and threatening the police, warned them that they would not allow the police to move outside. When Prakash Sardana, Police Officer, asked to talk sense and peacefully, the accused continued to cry and threaten the police and ultimately gave a challenge and threatened that if their party workers who were under arrest are not released, then the police officers will have to face dire consequences as soon as they came out of the Thana. Saying so, accused came out and started shouting slogans against the police.