LAXMAN AND ORS. Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment passed by the Sessions Judge, Bhilwara dated January 19, 1977 by which the appellants were held guilty for the offence under Section 332 of the Indain Penal Code and sentenced to one years rigorous imprisonment each.

(2.) BRIEFLY stated the facts of the case giving rise to this appeal are as under. On December 12, 1974 Constable Gopal Lal (P.W. 3) and Constable Ranglal (P.W. 5) went to arrest the five appellants in connection with some criminal case alleged to have been instituted against them at police station, Kotdi. The constables took Luna (P.W. 1) with them All the three then went to the house of the appellants. Constable Gopal Lai (P.W. 3) showed them the order for arrest. The appellants obstructed their arrest and gave a beating to the constables and Luna (P.W. 1). One 'danda' of constable Gopal Lal (P.W. 3) and bi -cycle of Luna (P.W. 1) are also said to have been snatched by the appellants. Gopal Lal (P.W. 3) sent a report of this incident to the Station House Officer Bhilwara through the Station House Officer Kotdi. A case against the appellants was registered on that report. The two constables and Luna (P.W. (sic)1) were medically examined by Dr. A.L. Parmar (P.W. 4). The Doctor noted one simply injury on the person of Gopal Lai (P.W. 3), two simply and one grevious injuries on the person of Ranglal (P.W. 4) and seven simple injuries on the person of Luna (P.W. (sic)1). All the injuries sustained by these persons were said to be caused by blunt object. After the arrest of the appellants, Megha appellant furnished information on April 13, 1975 for getting recovered the 'danda' and the bi -cyele. In pursuance of that information these articles were recovered.

(3.) UPON completion of necessary investigation, charge sheet against the appellants was filed in the Court of Munsif and Judicial Magistrate, Bhilwara. The learned Magistrate finding a prima facie case exclusively triable by the Court of Sessions committed the appellants to stand their trial in the Court of Sessions Judge, Bhilwara.