MAHARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of learned Additional Sessions Judge, Bhilwara dated 29-4-1978 whereby the learned lower Court has held accused appellant Mallaram, Mohan and Rama guilty of the offence under section 323, I.P.C. and has sentenced them to four months rigorous imprisonment together with a fine of Rs. 200/- each and in default to under go one months rigorous imprisonment. Accused Maharam, Mohan and Rama have been acquitted of the offence under Sections 394 and 332, I.P.C.

(2.) The facts necessary to be noticed for the disposal of this appeal briefly stated are that Head Constable Hinglajdan was posted at Police Station, Shambhugarh. On 5-5-76, P.W. 9 Shri Pushkar Dutt, Circle Officer, Gulabpura asked Shri Hinglajdan to call Shri Maharam in connection with case No. 55 of 1976 of Police Station, Asind relating to some burglary. It is alleged that Hinglajdan accompanied by constables Hemraj and Jagdish Singh went to the Dhani of Maharam and informed him that Circle Officer has called him for investigation. It is alleged that Maharam refused to accompany them and started abusing them. It is alleged that a case of burglary was registered under sections 457 and 380, I.P.C. at Police Station, Asind. Maharam's wife also came and cried for help, whereupon, 3-4 persons came armed with lathis and they started beating them. The beating was done by Maharam, his younger brother Mohan and Maharams son-in-law Rama. Maharam had a sword with him. Others were armed with lathis. They snatched the gun from Shri Jagdish Singh and also snatched cycles and other articles from the police party.

(3.) A report of the incident marked Ex. P. 6 was lodged at Police Station, Badnor. Accused persons were arrested and thereafter the injured persons were got medically examined. Hinglajdan received in all 9 injuries whereas Hemraj received 6 injuries. All these injuries were simple in nature. The injury report of Hinglajdan has been marked Ex. P. 4 and the injury report of Hemraj was marked Ex. P. 5.