KARAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The criminal revision petition under Sec. 397 Cr.P.C. has been filed by the petitioners challenging the judgment dtd. 10/5/2002 passed by the learned Additional Sessions Judge, Bali in Criminal Appeal No. 8/1998, vide which, the learned Appellate Court upheld the conviction and sentence of the petitioners as recorded by learned Judicial Magistrate, First Class, Sumerpur in Criminal Case No. 335/1992. The Trial Court convicted the petitioners for offence under Ss. 147, 447 IPC and sentenced them to undergo 1 year simple imprisonment for offence under Sec. 147 IPC and 3 months simple imprisonment for offence under Sec. 447 IPC along with fine of Rs.500.00 each; in default to further undergo 1 month's simple imprisonment on both counts.

(2.) Briefly stated facts of the case are that one Smt. Jarha Kanwar submitted a report at Police Station Sanderao on 28/5/1992 alleging inter alia therein that on 27/5/1992 at 7 p.m, accused-petitioners along with Hempal Singh, Mukand Singh and two other persons came to her leased and occupied plot with Koont and Bevel (a kind of native tools) and started cutting the babool trees. The complainant and her daughter Naresh Kanwar requested the accused persons not to do so, but they did not pay heed to their request and started abusing and beating them. She and her daughter went inside the house out of fear. The complainant's two sons were doing job outside and they were alone at home. The complainant also stated that in the night, the complainant and her daughter informed the police about the incident, on which, the SHO came on the spot and assured that action will be taken after receiving a report in the morning. After the police left, the accused came and started cutting the babool trees and made a new fencing by taking a large portion of her land in their share. On this report, the police registered a case for offence under Ss. 147, 447 and 427/149 IPC and started investigation. After investigation, charge-sheet was presented in the Court. Thereafter, charges of the case were framed against the accused- petitioners, who denied the charges and claimed trial.

(3.) During the course of trial, the prosecution examined as many as 6 witnesses in support of its case. Thereafter, statement of accused under Sec. 313 Cr.P..C was recorded. No witness was examined on the defence side.