SIRAJ AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal by Siraj and 10 others against the judgment of the Additional Sessions Judge, Kota dated Oct. 29, 1975, by which each appellant was convicted under section 448, 323 read with section 149, I.P.C. and sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1000.00, in default of payment of fine to further suffer rigorous imprisonment for one month on the first and the second count and on the third to undergo rigorous imprisonment for eight months and to pay a fine of Rs. 1000.00, in default of payment of fine to further suffer rigorous imprisonment for one month.

(2.) The incident that led to the prosecution of the 11 appellants may be briefly stated as follows:-

(3.) One Ramesh Lal, In charge, Police Station, Kaithun made a first information report to Shri Kalyan Singh, Station House Officer, Kaithun on Jan. 29, 1975 at 7 p.m. It was alleged in the report that the 11 appellants along with Ghasi, Hamir, Chittar, Pabu, Zahur, Shakur and Kaum, co-accused, who have been acquitted by the trial Judge of all the charges, framed against them, formed an unlawful assembly with the common object to murder Keshar Singh, Madan Mohan, Gajanand, Onkarlal and others and in prosecution of the said common object on the unlawful assembly, Nayyar, Mohamad Shakarwala and Munna made a concerted attack on Keshar Singh, Constable, and caused injuries to bis body with lathis on Jan. 29, 1975, inside the premises of Kaithun Government Middle School and forcibly snatched away cartridges from the possession of Ram Narayan, Constable, and thereafter all the appellants and the co-accused inflicted serious injuries on the leg of Madan Mohan alias Ram Gopal and caused simple injuries to Ram Narayan, Gaja Nand and Onkar Lal while they were discharging their duties as public servant. It is further alleged that Munna, Nayyar and Siraj appellants visited the Head Master, Government Middle School, Kaithun on Jan. 29, 1975, prior to the occurrence and complained to him that students of the school were being unnecessarily harassed by school teachers in the premises of the school, by police officers in the town. They further asked the Head Master to close the school. Shri Mukatbeharilal, Head Master, wanted to know the facts. So he called for Ramesh Lal, Sub Inspector of Police Station, Kaithun, through his son. Ramesh Lal along with Vijai Singh and Shanker Lal met the Head Master in the school at about 12 p.m. and apprised the latter of all the material facts. Ramesh Lal explained to the Head Master that guardians of some students were called for by him at the Police, Station a day prior to the occurrence for investigation in some cases and the guardians were not harassed at all. The explanation given by Ramesh Lal was not accepted by Munna, Nayyar and Siraj appellant sand some students who instigated the students, rang up the bell of the school and to assemble in the premises. Accordingly, some students rang up the bell of the school as a result of which students came out of their classes and assambled within the precincts of the school building. A good number of villagers also came there and pelted stones at Ramesh Lal and Mukatbeharilal Head Master, who was standing there. Ramesh Lal saw that the crowd had become unruly. So he sent a message to the In charge, Police Station. Kaithun, to send police force. Meanwhile the mischief mongers swelled in number and started pelting stones at Ramesh Lal and other persons who ran inside the rooms of the school for shelter. As a result of the stone throwing Onkar Lal and Madan Mohan received injuries on their persons. The doors and the window of the school were also damaged. Keshar Singh, Gaja Nand, Ram Narain, Ram Nath and Sarwan Singh Police Constables entered the school premises having rifles and lathis with them and soon reached the place where Ramesh Lal was hiding himself but they could not escape unhurt and received multiple injuries at the hand of some miscreants. The miscreants made an attempt to murder Rameshlal by catching hold of his body, but Ramesh Lal took rifle from Sarwan Singh and fired in the air to scare away the crowd. The crowd dispersed on account of shots fired in the air and Ramesh Lal made good his escape from there. He reached the police station, Kaithun at about 3 p.m. and made a first information report of the incident to the Station House Officer on the basis of which a criminal case was registered and usual investigation was taken up by the police. In the course of investigation, the appellants and other co-accused, who have been acquitted by the trial Judge, were arrested and challaned in the court of the Munsiff and Judicial Magistrate, First Class, Kota, under sections 307, 395, 325, 332, 353, 148 and 448, I.P.C. The Munsiff and Judicial Magistrate, upon finding a prima-facie case, exclusively triable by the court of Session, committed all the appellants and the co-accused to the court of the Sessions Judge, Kota, for trial under sections 307, 395, 3 32, 448, 325 and 149, I.P.C. It appears that the Sessions Judge transferred the case to the court of the Additional Sessions Judge, Kota, for trial in accordance with law. The Additional Sessions Judge charge-sheeted each accused under sections 448, 307/149, 395/149, 332, 353,325, 323/149 and 148, I.P.C. and proceeded to hold the trial because the accused pleaded not guilty to the charges and claimed to be tried. The Additional Sessions Judge concluded the trial and found the 11 appellants only guilty of the offences punishable under sections 441, 448, 148 and 323 read with section 149, I.P.C. Accordingly, he convicted them of the said offences and sentenced them in the manner indicated above. Aggrieved by their convictions and sentences, the appellants have preferred this appeal.