JAGDISH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated the 25th Oct., 1978, passed by the learned Sessions Judge, Kota whereby Jagdish Singh Rajawat, the accused-appellant, was convicted under Sec. 332 and Sec. 452, IPC, and sentenced as under:- <FRM>JUDGEMENT_39_LAWS(RAJ)1_1988.html</FRM> Both the substantive sentences were ordered to run concurrently.

(2.) The facts giving rise to this appeal in brief, are that, P.C. Jain, Accounts Clerk, Rajasthan State Road Transport Corporation, Kota (in short, Corporation) lodged a report before the Superintendent of Police at 12.45 in the noon on Aug. 27, 1977, alleging therein that the Depot Manager of the Corporation bad gone to Jaipur and one, K.C. Jain, Assistant Depot Manager, was working in his place, and at about 11 in the noon when Shri Jain was sitting on bis seat alongwith Rajveer Pathak, Satya Narain and Brij Mohan, discussing an order in the matter of House rent, one Kailash Vyas, a Conductor, came and reported that some students were approaching the Depot. Upon this. Rajveer/Pathak asked to phore to the police of Nayapura and no sooner Shri Jain tool up the Receiver, 30-35 students entered his room, out of which a few of them who were armed with hockey sticks, started abusing, and stated that if the concession is not provided, he (Jain) would be beaten. It was further alleged that a number of students were shouting out side the court yard, and one, Jagdish Rajawat (appellant) had snatched the phone from his hands (Jains) and hit the same of his head resulting in bleeding from his head and further that, another student took up the inkpot and threw it on him (Jain), whereas some of them had started beating by hockey sticks. It was further alleged that the complainant-informant tried to intervene he was pushed away. These persons after beating left the place Shri Jain was removed to the hospital after sometime, where he was admitted and his condition was precarious. The students had entered the room of Shri Jain to insist upon the grant of concession. It was then alleged that the students had unlawfully assembled there and had pushed Shri Jain.

(3.) Upon the aforesaid report, a case was registered; and after investigation, a challan was filed against the appellant-Jagdish Singh Rajawat who was charged for the offences under Sections 308, 332, 452, IPC. the appellant denied to the charges and claimed to be tried. The prosecution examined nine witnesses in all in support of its case. However, the accused appellant in his statement denied the allegations levelled against him by the prosecution witnesses and further stated that since he is President of the College Union, he has been f strongly impleaded.