BRIJ LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants have preferred the present cr. appeal under Sec. 374(2) of the Cr.P.C. against the judgment dtd. 30/1/2008 passed by the learned Addl. Sessions Judge (Fast Track) No.2, Hanumangarh, Headquarter Nohar in Sessions Case No.14/2007 (28/2003) whereby the learned trial court held the appellants guilty under Ss. 147, 323 and 186 of the IPC, but instead of directing them to serve sentence, granted the benefit of probation and also directed them to pay a sum of Rs.200.00 each to the injured.

(2.) Learned counsel appearing for the appellants submitted that the FIR lodged against the appellants is the counter blast to the earlier FIR lodged by the appellants and no such occurrence had taken place. It is submitted that in fact, the complainant party was the aggressor, who made an attempt to dispossess the appellants from their lawful possession. Thus, there was no evidence of constituting unlawful assembly. Learned counsel further submits that learned trial court committed manifest illegality while holding the appellants guilty under Sec. 186 of the IPC whereas there is no iota of evidence or any document on record regarding causing obstacle in discharging the official duty or official work by a public servant. Hence, it is submitted that the appeal may be allowed and the impugned order may be quashed and set aside.

(3.) Per contra, learned Public Prosecutor opposed the prayer made by learned counsel for the appellants and submitted that the impugned order passed by the learned trial court is just and proper and hence, there is no need to interfere with the impugned order.