AMI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against the judgement dated 29-4-82 passed by the learned Sessions Judge, Churu, whereby he convicted and sentenced the appellants in the manner enumerated ad-infra @@1585.htm@@

(2.) Briefly the substratum of the prosecution case is like this. It appears that on the report dated 16-4-77 of P.W. 3 Om Prakash a criminal case was registered at Police Station, Rajgarh against one Ran Singh and others under Section 323 and 392 IPC and the investigation thereof was conducted by appellant Ami Lal, who at that time was posted as Head Constable, Incharge, Our Post, Sidhmukh. It is alleged that he demanded an amount of Rs. 1000/- from P.W. 3 Om Prakash for arresting the accused of the said case, which the latter gave him, but the former did not arrest the accused and asked the latter to produce two more witnesses. P.W. 3 Om Prakash produced two witnesses. Appellant Ami Lal, Head Constable went to village Dhanoti, but again he did not arrest the accused person of the said case and told P.W. 3 Om Prakash that the latter had filled a false case, that he was under pressure to file a complaint against him under Section 182 IPC and asked him to pay Rs. 1000/- more failing which such a criminal complaint would be filed against him and for that he granted him time till 5th May, 1977. It is the case of the prosecution that on 4-5-77 P.W. 3 Om Prakash went to P.W. 13 Shri Teg Bahadur, Dy. S. P., A. C. D., Out Post. Bikaner and submitted a written report, whereupon the said Dy. S. P. organised a trap. On the same day P.W. 13 Teg Bahadur alongwith P.W. 2 Udai Raj, Inspector, A. C. D., P.W. 14 Hardeep Singh, Head Constable, Momadraj, F. C., Kalu Ram, L.D.C. and the complainant Om Prakash proceeded from Bikaner and reached Rajgarh, where they had a night halt. On 5-5-77 two motbirs P.W. 5 Laxman Ram and P.W. 7 Sohan Lal, who were posted as Assistant Teachers in the Government Secondary School, Rajgarh, were called and to whom the report lodged by Om Prakash was read over, and they consented to become motbirs. It is alleged that demonstration with phenolphthalein powder and Sodium Carbonate was given by the A. C. D. party to Om Prakash and the motbirs. Om Prakash produced ten currency notes of the denomination of Rs. 100/- each, whose numbers were noted down by Teg Bahadur and those currency notes were dipped into Phenolphthalein powder and memo thereof was prepared. Those currency notes were handed over to Om Prakash and he was instructed to give those currency notes to appellant Ami Lal, Head Constable on his demand and that if he accepted those notes then to give a signal to the A. C. D. party by putting off the towel from his head.

(3.) It is alleged that on 5-5-77 at about 10 a.m. the said A. C. D. party along with motbirs and the complainant boarded the train and reached Sidhmukh Railway Station at about 11.30 a.m. The Police Out Post, Sidhmukh is about 50-60 paces away from the Railway Station and there is one tea vendor shop (hotel) of appellant Laxman. It is the case of the prosecution that Teg Bahadur, Dy. S. P. and Udai Raj, Inspector and motbir Sohan Lal stayed at appellant Laxman's hotel, while complainant Om Prakash and motbir Laxman Ram went inside the police Out post. The other members of the A. C. D. party waited around the Out Post campus. After a few minutes complainant Om Prakash came out side the out side Out Post and gave the pre-arranged signal on which Teg Bahadur, Dy. S. P., Hardeep Singh, Head Constable, Kalu Ram L.D.C., Momatraj, F. C. and Sohan Lal motbir went inside the Out Post. P.W. 2 Udai Raj also followed them. Teg Bahadur enquired Om Prakash about Ami Lal. Thereupon, Om Prakash pointed out towards appellant Ami Lal, Head Constable and informed that on demand made by letter he had handed over those currency notes worth Rs. 1000/- to him, who in turn had given those currency notes to co-accused Radhey Shyam, Constable, who was working outside the kitchen of the Out Post in the court-yard. It is alleged that when Teg Bahadur, Dy. S. P. was disclosing his identity, appellant Ami Lal started crying "Mar Rahe Hain", "Mar Rahe Hain" and at his instance appellants Dayanand, Constable and co-accused Radhey Shyam, Constable also started raising alarm and they tried to run away. It is alleged that meanwhile co-accused Radhey Shyam, Constable took out those currency notes from the pocket of his shirt and threw them out side the Out Post from the southern eastern side of boundary wall of the Out Post and fled away, appellant Dayanand, Constable also managed to escape. However, appellant Ami Lal, Head Constable was over powered by the A. C. D. staff. He was apprehened and handed over in the custody of P.W. 2 Udai Raj, Inspector. It is alleged that in the scuffle the bushirts of Ami Lal and Radhey Shyam were also torn. It is the case of the prosecution that thereafter Teg Bahadur, Dy. S. P. came out side the Out Post, and collected those currency notes thrown by Radhey Shyam and handed over those to Hardeep Singh, Head Constable. It is further the case of the prosecution that when Teg Bahadur, started preparing the memo, appellant Ami Lal raised alarm that he was being falsely implicated. By that time about 15-20 villagers including appellants, Bhikha Ram, Doonar, Nand Karan, Laxman, Tokha Ram and Prithvi Singh as also Dayanand, Constable armed with lathies and Kassies assembled there. Appellant Ami Lal asked them to snatch away those currency notes and to attack on the A. C. D. party. Thereupon those persons attacked on the A. C. D. party, forcibly looted the currency notes of Rs. 1000/- from the pant pocket of Hardeep Singh H. C. along with his identity card and handkerchief. When Teg Bahadur, Dy. S. P. and other members of the A. C. D. party tried to rescue Hardeep Singh, H. O., they were also assaulted. In that scuffle, the wrist watch of Teg Bahadur was also snatched away by the miscreants and baniyan of Momatraj, F. C. was also torn. It is further the case of the prosecution that those culprits rescued appellant Ami Lal and also intentionally assaulted and used criminal force to the members of the A. C. D. party, who were public servants and prevented and deterred them from discharging their lawful duty as public servants. It is alleged that those culprits stayed outside the Out Post. Teg Bahadur and the members of the raid party left the Police Out Post, Sidhmukh and came to the Railway Station. It is alleged that after some time when the appellants and their companions went away, Teg Bahadur again went to the Police Out Post in search of the relevant record, but no record was available there. Thereafter Teg Bahadur prepared memo Ex. P. 11 at the Railway Station, Sidhmukh.