DEVI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE four appellants before me, Devisingh, Sure, Ramsingh and Bhagi, Gujars, residents of Atraj-ka-pura, Tehsil Bari, District Dholpur, were tried by the Additional Sessions Judge, Dholpur, for offences under sec. 147,224, 307, 332 read with sec. 149, Indian Penal Code. THE Additional Sessions Judge convicted Devisingh and Sure under sec. 224 and Ramsingh and Bhogi under sec. 225, Indian Penal Code! and sentenced each one of them to a fine of Rs. 600/-and, in default, rigorous imprisonment for six months. THEy were acquitted of all other offences.

(2.) THE prosecution case was that one Chabraj Gujar PW/11 of Nayagaon, Madhya Pradesh, filed a complaint against Devisingh and Sure in the Court of Additional District Magistrate, Gwalior accusing them of an offence under sec. 363, Indian Penal Code. According to him, his wife Mst. Gore and daughter were kidnapped or abducted by these persons and were being kept in wrongful confinement. THE Additional District Magistrate passed an order on 11. 10. 60 directing the issue of bailable warrants of arrests in the amount of Rs. 250/- each for the arrest of Devisingh and Sure. He also directed issue of a search warrant under sec. 100, Criminal Procedure Code, for the arrest and production of Mst. Gore. THEse warrants were endorsed to the Police Officer incharge of the Police Station, Panihar (Madhya Pradesh ). According to prosecution, Chabraj took these warrants to the Police Station, Panihar. THE Police Station, Panihar endorsed them to the Police Officer, incharge of Police Station, Bari in Rajasthan. After receipt of the warrants at Police Station, Bari, Bhagwansingh PW/8 along with some police constables and certain police officials of the Rajasthan Armed Constabulary left the Police Station for executing the warrants. THEy reached Atraj-ka-pura at about 12 in the night. Bhagwansingh, the prosecution further alleged, arrested Devisingh and Sure and also Mst. Gore. It may be mentioned here that the Police Station, Bari had about one year before the incident, received a tehrir from Police Station, Madrail for the arrest of Heera. Heera also happened to be available at that time and he was also arrested. Devisingh, Sure and Gore asked Bhagwansingh and other police officials to release them and failing to secure the release they cried for help when some 20 to 25 villagers of Atraj-ka-pura armed with Lathies appeared on the scene and assaulted Bhagwansingh and other police officials. According to prosecution there was some firing also on the side of the villagers and the police had also opened fire in defence of which accused Devisingh is alleged to have been injured during the incident. THE two appellants. Sure and Devisingh, thus managed to secure (heir release from the police custody. A report of the incident was made at the Police Station, Bari and after investigation, the four appellants were challaned and eventually committed for trial to the court of Additional Sessions Judge. At the trial, the prosecution examined twelve witnesses. THE warrants of arrest as also the warrant for search could not be produced because, according to prosecution, they were taken away by the villagers.