HUKMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against a judgment dated 20.4.1992, whereby the appellant was found guilty under section 333 of the Penal Code and was awarded a sentence of two years rigorous imprisonment and a fine of Rs. 1,000.00 . For non- payment of fine, additional rigorous imprisonment for two months was awarded.

(2.) As many as 14 accused persons, including the appellant Hukma Ram, were put to trial under Sections 147, 353/149, 333 and 333/149 of the Indian Penal Code.

(3.) According to the prosecution story on 27.2.1990, on the election day when polling was going on in Village Kudi, the followers of two political parties, each side numbering between 150- 200 people, were indulging in stone throwing at each other. The SHO Police Station Bhopalgarh PW6, Sant Kumar alongwith other police personnel reached the place of trouble and tried to calm down the two warring groups. As the stone throwing was going on, one stone struck the SHO Sant Kumar and he fell unconscious. According to the prosecution story this stone was thrown by the appellant.