BHAGIRATH AND TODIAYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 1-8-1983 passed by the Additional Sessions Judge, No. 2, Jaipur City, Jaipur, in sessions case No. 45/82, whereby he convicted the accused appellants under Sec. 333/34 Penal Code and sentenced them to suffer rigorous imprisonment for a period of four years' and to pay a fine of Rs. 200.00 (in default of the payment of fine, further to two months' RI).

(2.) Brief facts giving rise to this appeal are that a written report was lodged by one Bajrang Singh, who was posted as Forest Guard at Chowki-Mugana, Road No. 1, P. S. Vishwa Karma (Jaipur) on 26-2-1981 wherein it was stated that on that day at about 8.00 a.m., he alongwith Umrao Singh and Banji Singh, Forest Guards, left their post for a round, they found one Kalyan S/o Mewa Ram, R/o Mayala Bara cutting wood unauthorisedly, where upon F.I.R. No. 1598/1981 dated 26-2-1981 was registered against the accused Kalyan and Kalyan's axe was also seized. It has been further alleged that thereafter when he was doing Govt. work in his room and Gopi Ram was standing outside on the Chabutara in uniform, two sons of Nanda Ram Balai, R/o Udak-panad, came to the Chabutara and started hurling filthy abuses upon the complainant. It was alleged that these two boys also challenged as to how the complainant could seize the axe. Upon hearing the noise, the complainant came out of his room and saw that two sons of Nanda Ram Balai whose names he did not know, but he knew them by faces, were present there. The complainant also noticed that Kalyan, his brother-in-law who was the resident of Harmada and two other persons were also standing at a distance. On seeing the complainant, these persons came to the gate and started scuffle with the complainant. Umrao Singh, Banji Singh, Har Sahai Bagda and many other persons came there and rescued the complainant. The incident is. alleged to have taken place at about 8.30 p.m.

(3.) On the basis of the aforesaid report, a case under Sections 332, 334 and 34 Penal Code was registered and after completion of investigation, the police submitted a charge sheet in the court, concerned. Charges were framed against the accused persons which were denied by them. The learned trial Court recorded the evidence and after hearing the parties passed the impugned judgment.