RAMESH AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Under challenge in the instant criminal appeal is judgment and order dated 20th January, 1989 passed by the Additional Sessions Judge, Dholpur, in Sessions Case No.90/1986, whereby the learned Trial Court convicted the accused appellants for offence under Section 324 of Indian Penal Code (for short 'IPC') and sentenced for one year rigorous imprisonment and imposed a fine of Rs.100/-; in default of payment of fine, to further undergo simple imprisonment for one month.

(2.) The Governmental Enforcement Agency was set into motion in view of the first information report dated 26th of June, 1985 at 2.30 a.m. (Ex.P-2) registered on the basis of a written report (Ex.P-1) by one Maharaj Singh (PW-1) wherein he stated that the accused appellants along with other co-accused persons came to their house and caused injuries by gunshots, which resulted into injuries (Ex.P-4 & Ex.P-8)on the person of Suresh Chand (PW-2) and Fateh Singh (PW-3).

(3.) After conclusion of the investigation, the Governmental Enforcement Agency charge-sheeted the accused persons, namely, Ramesh Chand son of Shri Pyare Lal; Shivdutt son of Shri Raghuveer Singh; Amiri son of Shri Gajadhar; Raghuveer son of Shri Kunwarpal, Rambabu son of Shri Hemraj and Jagdish son of Shri Rewati. The accused appellants and other co-accused persons denied the charges and therefore, were put to trial. In order to prove the case against the accused appellants and other co-accused persons, the prosecution produced as many as 10 witnesses PW-1 to PW-10 and brought on record Ex.P-1 to Ex.P-23 along with guns recovered from the accused persons being Article 1 and Article 2. The accused appellants were examined under Section 313 of the Criminal Procedure Code, who denied the prosecution case and the evidence to be false and the case was foisted on account of enmity, but did not produce any evidence in defence.