MOOL CHAND AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a revision petition under Sections 397 and 401 Cr. P.C. against the judgment of conviction passed by Munsiff and Judicial Magistrate, Thanagazi on 18th June, 1988 convicting the petitioner Giriraj for offence under Sec. 323 Penal Code and Jagdish and Mool Chand for offences under Sec. 323/34 Penal Code and sentenced each of them to pay a fine of Rs. 50.00 and in default of payment of fine to undergo 15 days simple imprisonment.

(2.) Brief facts giving rise to the case are that one Uma Shanker Bhatt, A.P.P., Thanagazi lodged a report on 18th Sept., 1984 at police station Thanagazi staling that when he was returning from the police station at 10.30 a.m. he found the accused persons standing on the way. Giriraj told him something thereafter the other two caught hold of him and Giriraj gave one blow on his face Om Prakash, Murari and Kailash came to his rescue. It was mentioned that he was detained for about an hour by these persons and further that at that time he was on official duty. Police, on this report, registered a case under Sections 332, 353, 341 and 323 IPC. Charges were framed only for offences under Sec. 332 Penal Code against Giriraj and under Sec. 332/34 Penal Code against the other two and also for offence under Sec-341 IPC. Prosecution examined six witnesses in support of its case and accused three. It is pertinent to mention here that as early as 15th Jan., 1986 a compromise was filed in the case. The learned Magistrate recorded the compromise for offence under Sec. 341 Penal Code and acquitted the accused of that charge. He however, continued the case for offence under Sec. 332 Penal Code since the same was not compoundable. The learned Magistrate found that the complainant was not discharging his duties as public servant and hence offence under Session is not made out. He however, held them guilty for offence under Sec. 323 and sentenced to pay a fine of Rs. 50.00each.

(3.) Since no appeal lies against short sentence of fine, the petitioners have come in revision before this Court.