LALA RAM & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of learned Sessions Judge, Merta dated 19.8.1988 whereby he convicted all the five accused-appcllants under Sections 332, 353 and 342 I.P.C. but acquitted them under Sections 147, 148, 395 and 308 I.P.C., however, accused appellant Lala Ram and Ganpat Ram were also convicted under Section 333 I.P.C. but the lady accused-appellants Smt. Reshki, Smt. Santaki and Smt. Rameshwari, who were convicted under Sections 332, 353 and 342 I.P.C. were released on probation under the Probation of Offenders Act imposing cost of proceedings Rs. 100/- for each of the offences to be deposited with the State. Accused-appellants Lala Ram and Ganpat Ram, were sentenced as under;

(2.) Pacts leading to this appeal are that on 29.6.1985 at 1.00 a.m. one Shri Umrao Khan submitted an F.I.R. before the SHO Shri Faglu Ram at Chak Dhani on 28.6.1985 he alongwith ASI Girdhari Ram went to investigate the case in F.I.R. No.79/85 and when they reached at Ren Ki Dhani, they saw accused Lala Ram and Ganpat Ram running towards their Dhani. On account of this, the policemen apprehending them and in turn the accused-appellants-came back and attacked on them with Lathis and Kassi. ASI Girdhari sustained injuries and was locked in the Dhani and the accused-appellants forcibly took belt and file. Thereafter, challan was filed against the accused-appellants.

(3.) Arguments on charge were heard and the learned trial Judge framed charges to which the accused-appellants pleaded not guilty. Prosecution examined 13 witnesses. Statements of accused were recorded under Section 313 Cr.P.C. and they produced five witnesses in defence. After hearing arguments, the learned trial Judge convicted them as above.