RAMJI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) On 29-1-1988, the judgement was pronounced. The appeal was allowed, the judgement of the trial court was set aside and the appellants were acquitted. Reasons were to be stated later on and they are now articulated.

(2.) By the impugned judgement of the learned Addl. Sessions Judge No. 1, Alwar dated February 8, 1979 out of the nineteen appellants, Moola was convicted under Ss.325, 323/149 and 147, Harkishan was convicted under Ss.323, 325/149 and 147 and the remaining seventeen appellants (12 males and 5 females) were convicted under Ss.325/149, 323/149 and 147 of the Penal Code and each was (except five female accused) sentenced to various terms of imprisonment with fine. The five female accused were released on probation of good conduct under S.4 of the Probation of Offenders Act, 1958.

(3.) Narrated in a nutshell, the prosecution case is that DW 1 Jai Lal Meena of village Ronejathan (District Alwar) was wanted as an accused in police case No. 45/1975 pending investigation for an offence under S.394, IPC at police station Kherliganj (District Alwar). At about 11.00 p.m. on 14-11-1975 - the then Station House Officer Surat Singh (PW 23) got a tip from his secret agent that Jailal Meena was staying in the house of appellant Moola in village Samochi situate nearly four miles away from the police station. He collected police force available at the police station and two or three citizens, hired a jeep and went to village Samochi in order to arrest Jailal. The police party reached there in the village Samochi in the mid-night. The police party found Jailal sleeping on a cot in the enclosure of the appellant Moola. PW 23 caught hold of Jailal with the help of the police constables and brought him on the public way where the arrest memo was to be prepared. At that very time, the appellants along with some other persons collected there with lathies and stones in their hands to rescue Jailal. Accused Moola struck a blow with his lathi on the head of Surat Singh. Surat Singh fell down and became unconscious on the spot. Accused Harkishan struck a blow with his lathi to police constable Mahesh Chand (PW 16). Surat Singh was wearing gold chain, gold ring and had a woollen shawl. He was ripped of these articles. The police party put the unconscious Surat Singh (PW 23) in the jeep and returned to police station Kherliganj at about 1.30 a.m. (on 15-11-1975) where the police constable Kamlesh Kumar (PW 12) verbally lodged report Ext. P-17 of the incident. The police registered a case under Ss.307, 336, 332 etc. of the Penal Code. The investigation ensued. The medical examination of PW 23 Surat Singh revealed that he had received grievous injuries on his head. The medical examination of Mahesh Chand (PW 16) was also conducted and simple injuries were found on his person. The appellants were arrested and in consequence of the informations furnished by accused Moola, Ardisal and Ram Singh whilst under police custody, the looted articles chain, ring and shawl were recovered. After when the investigation was over, the police submitted a crime report against the appellants and one Mst. Prem (wife of accused Harkishan) in the court of Munsif and Judicial Magistrate, Laxmangarh, who in his turn committed the case for trial to the Court of Session. The accused Mst. Prem passed away. The case came for trial before the learned Addl. Sessions Judge No. 1, Alwar who framed charges under Ss.147, 307 or 307/149, 225, 332/149, 333/149 and 395, IPC against all of them to which they pleaded not guilty and claimed to be tried. The defence taken by the appellants was that Mst. Prem wife of accused Harkishan who passed away during trial was the daughter of PW 9 Lakhu Ram Meena of Akhegar. Lakhu Ram lodged a report against accused Moola, Harkishan, Mst. Prema and others at police station Kherliganj in respect of the offences of abduction, theft etc. PW 8 Lakhu Ram wanted to get Mst. Prem recovered by hook and crook. He, therefore, illegally brought the police party to village Samochin in order to get Mst. Prem recovered. Mst. Prem was the wife of accused Harkishan and daughter-in-law of accused Moola. When the police party tried to forcibly take Mst. Prem the villagers collected and resisted the police action. It was during that commotion that the Station House Officer Surat Singh (PW 23) and police constable Mahesh Chand (PW 16) sustained injuries. The appellants had every right to resist the illegal action of the police in recovering and taking Mst. Prem. As such they committed no offence in using the violence or force against the police party who was bent upon committing the unlawful acts. In support of its case, the prosecution examined 30 witnesses and filed as many as 85 documents. In defence, the accused examined Jailal (DW 1). On the conclusion of trial, the learned Addl. Sessions Judge found no case of dacoity and unlawful resistance against the appellants. He, however, held that the appellants had formed an unlawful assembly and in the prosecution of the common object of that assembly, force and violence was used by its members. He further held that accused Moola struck a blow of lathi on the head of PW 23 Surat Singh and accused Harkishan caused simple injuries to PW 16 Mahesh Chand. He, therefore, convicted and sentenced the appellants as mentioned at the very outset. Aggrieved against their conviction, the appellants approached this court in appeal :