PAPPU Vs. STATE

JUDGEMENT

(1.) These two appeals one filed by Pappu S/o Shiv Lal bearing No. 405/78 and the other filed by Shri Gopa Ram and Devi Singh bearing No. 414/78 I arise out of the same judgment rendered by the learned Sessions Judge, Merta City on 29.10.78 in Sessions Case No. 21/75 whereby the learned lower Court has held accused Pappu guilty of the offence u/s sections 379, 323, 341 I.P.C. whereas accused Gopa Ram & Devi Singh have been held guilty of the offence u/s sections 323 and 341 I.P.C. All the accused persons have been acquitted of I the offences under sections 307, 325 I.P.C. and accused Devi Singh and Gopa Ram have been acquitted of the offence 392 and 379 I.P.C. also. For the offence u/s A23 Penal Code all the accused persons have been sentenced to 9 months R.I. together with I a fine of Rs. 500.00 and in default to under go 3 months R.I. For the offence under section 341 IPC, all the accused persons have been sentenced to 15 days S.I., together with a fine of Rs. 100.00 and in default to undergo 7 days S.I. For the offence under section 379 IPC, accused Pappu has been sentenced to one years R.I. together with a fine of Rs. 500.00 and in default to undergo three months R.I.

(2.) Aggrieved against this judgment, all the three accused appellants have preferred this appeal.

(3.) The facts Decessary to be noticed for the disposal of these two appeals briefly stated are that on 23-7-74 Prabhu Singh was travelling by a Bus going from Merta to Parbatsar. He boarded the bus at about 6 P.M. at Merta and when the bus reached near Dangavas 'Gheesa Jat Bers, the bus was stopped by Pappu who was sitting behind the driver. As soon as the bus stopped, Gopa Ram & Devi Singh got down from the bus and Prabhu came near and he ashed him to 9 get down from the bus He refused to get down from the bus because of his earlier enmity with these accused persons, on account of some cooperative society affairs, when Pappu did not succeed in persuading him from getting down from the bus, he sought the help of the other two accused persons i.e. Devi Singh Goparam. Both of them came in the bus and forcibly took him down from the bus and pulled him to the ground and gave beating to him by which he received as many as 7 injuries out of which injury No. 1 was grievous in nature and the remaining injuries were simple. Duration of all the injuries at the time of examination was about 1 to 2 days. The report of the incident was lodged by one Prabhu Singh at PS 'Garvardibut as the occurrence took place in the area of P.S. Merta, the report was sent to P. S. Merta where the case was registered against the accused persons under sections 392, 341, 323 & 394 Penal Code and after investigation, the case was challaned and later committed for trial to the Court of learned Sessions Judge, Merta who after holding the trial, held the accused appellants guilty as aforesaid.