ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THIS is a revision petition which was filed against the order dated 5 -7 -1986, passed by the learned Addl. C.J.M. Karauli, by which the petitioner at the time of framing of charge on account of plea of guilt was sentenced to pay fine ofRs. 100/ -, in default of payment of fine to undergo 15 days simple imprisonment. Thereafter, the trial against other 4 accused persons commenced and after recording the evidence of the prosecution and hearing the arguments of both the sides, the learned trial court came to the conclusion that presence of 5 or more persons has not been proved at the time of occurrence. Therefore, there was no unlawful assembly at the site and therefore, acquitted all the 4 accused persons for the offence under Section 147 IPC.

(3.) FROM the above facts it is clear that since the learned court has come to the conclusion that 5 or more persons were not present at the site of incident and in view of the statement, given by the injured Rajesh, PW 2, and that the petitioner was not explained by the court, the implication of plea of guilt, I am of the opinion that the conviction of the accused petitioner cannot be sustained.