ONKAR AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - Instant criminal appeal has been filed under Section 374(2), Criminal Procedure Code by appellants Onkar S/o Heera Bhil and Parthu S/o Dalla Bhil against judgment dated 18.3.1994 passed by Addl. Sessions Judge, Nimbahera in Sessions Case No. 7/1993, by which, the trial Court convicted the appellants for offences under Sections 333 and 341, Indian Penal Code and sentenced each of the accused-appellants to undergo one year's rigorous imprisonment and fine of Rs.200/-, in default of payment of fine, to further undergo 15 days simple imprisonment.

(2.) As per facts of the case, complainant Satya Narayan who was working on the post of Cattle Guard, on 2.11.1992, lodged oral report at Police Station Bhadesar (District Chittorgarh), in which, it is alleged that he was working as Cattle Guard in the Nimbahera Range and his duty was at Sand outpost Kanoj Naka. In the after-noon on 2.11.1992, when the complainant was returning to the outpost at about 2.30 P.M., at that time, the appellants belaboured him and inflicted lathi blows. Upon hearing his cries, Pyari Bai and Nandram Jat came at the place of the occurrence and they intervened. It is alleged in the F.I.R. that the accused persons belaboured him Because he had restrained them from cutting green wood about two months ago. After registration of the F.I.R. under Sections 322, 334, and 341, Indian Penal Code, during the course of investigating Office under Section 333, Indian Penal Code was added; and, charge-sheet was filed against both appellants for commission of the above offences. The charge-sheet was filed by the police before the Magistrate, but, later on, the case was committed to the Court of Addl. Sessions Judge, Nimbahera where the trial took place and appellants were convicted for offences under Sections 333 and 341, Indian Penal Code and sentenced as indicated here in above.

(3.) Learned counsel for the appellants submits that the prosecution has failed to prove its case beyond reasonable doubt, therefore, there is no question of committing the offence under Section 333, Indian Penal Code by the appellants. It is also argued that there is no documentary evidence to prove that the complainant was on Government duty at the time of the alleged incident.