BANWARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants have preferred the instant criminal appeal under Sec. 374 of the Cr.P.C. being aggrieved of the judgment dtd. 27/8/1994 passed by the learned Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act Cases, Sri Ganganagar in Regular Criminal Case No. 8/1994, whereby appellant Banwari Lal has been convicted for the offences under Ss. 452 and 323 of the IPC and appellant Makhan Singh has been convicted for the offence under Sec. 452 of the IPC and they were released on probation under Sec. 4(1) of the Probation of Offenders Act upon furnishing a personal bond in the sum of Rs.3,000.00 alongwith a surety in the like amount. Each of the appellant was further ordered to deposit a sum of Rs.500.00 as prosecution expenses and appellant Banwari Lal was ordered to deposit a sum of Rs.1000.00 as compensation to be provided to the complainant.

(2.) Brief facts relevant and essential for disposal of the instant appeal are that on 2/10/1991 Smt. Uda Devi and Smt. Sugna Devi submitted a report (Ex.P/2) to the SHO, Police Station Raisinghnagar, wherein it was stated that on 1/10/1991 in the night at about 10/0/10.30 p.m. Banwari Lal, Makhan Singh, Bhanwar Lal, Pyare Lal and Ram Lal, who were in intoxicated condition, armed with lathis and gandasis, entered in their house with common intention and scuffled with the ladies to outrage their modesty; torn their clothes and behaved indecently with them. Banwari Lal and Pyare Lal snatched gold ornaments worn by Uda Devi, while Bhanwar Lal snatched gold ornament worn by Sugana Devi. When the ladies made a hue and cry, Om Prakash, Subhash etc. came and, upon which the accused persons fled from the scene leaving behind their sleepers and lathi. They also made assault on the Madan Lal.

(3.) On the basis of the aforesaid report, FIR No. 301/1991 for the offences under Ss. 452, 379, 354, 147, 148, 149 and 323 IPC was registered and the investigation was commenced. During the course of investigation, the police inspected the place of incident, prepared spot documents, made recoveries and got the injured medically examined. After completion of the investigation, a charge-sheet came to be filed against Banwari Lal and Makhan Singh for the offences under Ss. 452, 354, 323 IPC and Sec. 3 of the SC/ST Act before the Court of Judicial Magistrate, Raisinghnagar, from where the case was committed and transferred to the Trial Court.