DEVI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) FIVE accused persons, namely, Devi Singh, Laxman Singh, Phakira, Manak Chand and Kami Dan, were tried by the Sessions Judge, Churu for the offences under Sections 395, 294, 323 and 341, IPC. However, all the accused persons except Devi Singh were acquitted of all the offences. Devi Singh was also acquitted of the offences under Sections 294 and 395, IPC. He was, however, convicted of the offences under Sections 323 and 341, IPC. He was sentenced to three months' rigorous imprisonment and to pay a fine of Rs. 31/-, in default, to undergo further rigorous imprisonment for a period of ten days for the offence under Section 323, IPC, and for the offence under Section 341, IPC he was sentenced to 15 days' rigorous imprisonment and to a fine of Rs. 51/-, in default to further undergo ten days' rigorous imprisonment. Both the substantive sentences were ordered to run concurrently, vide judgment dated 20-9-1977.

(2.) THE prosecution case may briefly be stated as follows: Anil Airan (PW 7) with his younger sister Minakshi Airan were returning after seeing the second show at Vishwa Jyoti Cinema House in the night of 11-6-1976. Both of them were returning on a scooter. At about 12. 30, a. m. , they found the gate at the railway crossing closed, so they stopped at the gate. THE gate was opened. THEy proceeded. A car No. RSM 9868 was following that scooter and that car even struck against the scooter twice, even when the scooterist was giving sides to the car. THE boarders of the car were teasing Minakshi. This was also observed by Flight Lieutenant Shri P. K. Roy (PW 3), who was also returning with his Mrs. Anita Roy (PW 4) on a scooter. THEre five boarders of the car. Anil Airan thinking that it would be unsafe, stopped his scooter at Damani Petrol Pump, where the car was also stopped. Mr. P. K. Roy offered his help to Anil Airan and questioned the boarders of the car, who had come out of the car. One of the boarders of the car caught hold of him by his collar and others started misbehaving with him. One of them struck a blow on his temple, whereby he fell down. THE boarders of the car started assaulting. Mrs. Anita Roy, in order to rescue her husband, intervened. THEreupon, she was also belaboured. Mr. P. K. Roy asked Anil Airan to inform the police, whereupon Anil Airan informed the Police Station, Kot-gate at about 1. 05, a m. On receipt of the telephonic message that a quarrel has taken place at Damani Petrol Pump Sujan Singh S. H. O. , along with the police party, proceeded to the spot and he recorded the statement of Anil Airan. On the basis of that report case under Sections 249, 394 and 341, 1 PC, was registered. Mr. P. K. Roy and his Mrs. Anita Roy, were medically examined and the investigation was conducted. After completion of the investigation, charge-sheet was put up against the five accused persons before the Chief Judicial Magistrate. Bikaner, who committed the case before the learned Sessions Judge, Bikaner. THE Sessions Judge, Bikaner transferred the case to the Additional Sessions Judge, Churu, to be tried at Bikaner, but the Additional Sessions Judge, Churu, complete the trial and the Court of Additional Sessions Judge, Churu, was upgraded as Sessions Court. After trial by the Sessions Judge, Churu, the learned Sessions Judge, convicted and sentenced the appellant Devi Singh, as aforesaid, and acquitted the other four accused persons of all the offences and he also acquitted the appellant of the offence under Sections 294 and 395, I. P. C.

(3.) COMING to the question of sentence, it may be mentioned that more than seven years lapsed, so it would not be proper to send the appellant behind the bars and it would be appropriate that he may be given the benefit of probation.