KANA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed by the accused petitioner against the judgment dated 1-5-1995 passed by the learned Special Judge, NDPS Cases, Jodhpur by which the learned Special Judge accepted the appeal of two accused persons, namely Ramswaroop and Smt. Jasoda and they were acquitted of the charges for offence under Sections 147, 341 and 454, I.P.C. but appeal of the accused petitioner Kana Ram was partly allowed in the manner that his conviction for offence under Sections 147, 341 and 454, I.P.C. was maintained but instead of sentencing him, he was ordered to be released on probation and the judgment and order dated 10-11-1994 passed by the learned Addl. Judicial Magistrate No. 3 by which he convicted and sentenced the accused petitioner and Smt. Jasoda and Ramswaroop for offence under Sections 147, 341 and 454, I.P.C. was modified to the above extent. The learned Special Judge also set aside the order of the learned Judicial Magistrate by which he directed that the possession of shop in question be handed over to Jafrool Hasan and PW 2 Abdul Wahab. The Judicial Magistrate sentenced the accused petitioner, Ramswaroop and Smt. Jasoda as under : Offence under Section Sentence awarded 147, I.P.C. 6 months R.I. and a fine of Rs. 300.00 each in default to further undergo 1 months S.I. 341, I.P.C. 15 days S.I. and a fine of Rs. 200.00 each in default to further undergo 5 days S.I. 454, I.P.C. I years R.I. and a fine of Rs. 500.00 each in default to further undergo 3 months S.I. All the sentences were ordered to run concurrently #

(2.) It arises in the following circumstances : i) On 22-8-1987, Jafrool Hasan lodged a written report Ex. P/5 with the Police Station Udaimandir, Jodhpur stating that he used to carry on the business of repairing scooter and his partner was PW 2 Abdul Wahab and for that, they had taken a room from the accused appellant Kana Ram on rent and they were doing that business of repairing the scooter for last one and half years. But on 22-8-1987 in the evening, the accused appellant Kana Ram, his son Ram Swaroop and wife Smt. Jasoda and two to three more persons came there and he was not allowed to enter the room and they put their own lock and by breaking the wall from back side, the scooters were thrown out from the shop. #

(3.) On this report police chalked out regular FIR Ex. P/16 and started investigation. #