KALU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 14th April, 1982 passed by the Sessions Judge, Kota, by which, the appellant has been found guilty of offence under Section 148, IPC and sentenced to 6 months' rigorous imprisonment and a fine of Rs. 100/ -, and in default of payment of fine, to further under go 1 month's rigorous imprisonment; under Section 332, IPC to 6 month's rigorous imprisonment and a fine of Rs. 100/ -, and in default of payment fine to further undergo 1 month's rigorous imprisonment; under Sections 323/149 and 323/149, IPC, to 6 months's rigorous imprisonment and a fine of Rs. 100/ -, and in default thereof, to further undergo 1 month's rigorous imprisonment on both the counts. And, all the substantive sentences were ordered to run concurrently,

(2.) ON 22nd Dec , 1980, at about 5 PM, one Raj Vallabh submitted a written report at PS Chechet, alleging that be and Nandlal Forest -Guard were on patrolling duty in the jungle of village Khani, in the night at about 12 O'clock. There they found 5 bullock -carts loaded with green wood; and they suspected that they were bringing those wood after committing theft in the jungle. The carts were stopped by them. 15 persons were with those carts. When the informant and Nandlal object to it, those persons started beating them. They were armed with lathis, Gandasis and axes. Raj Vallabh and Nandlal both received injuries on their persons. Amongst those 15 persons, Raj Vallabh could indentify only one person, who was Kalu, the present appellant. On this report, a case under Sections 332, 353 and 379, IPC was registered. The injured persons were sent to doctor for medical -examination, whose injury -reports are Exs P 17 and 18. After usual investigation, the police submitted a challan against 5 persons.

(3.) THE trial court recorded evidence of the prosecution witnesses. One witness was produced in the defence. After hearing both the learned Counsel the trial court found that the prosecution has failed to prove its case against 4 accused persons, namely, Brajraj, Uda, Bhawana and Surtiram and so, they all the four were acquitted of all the charges levelled against them. The present appellant Kalu was, how ever, found guilty of offences under Sections 148, 332, 332/149, and 333/149, IPC and sentenced as mentioned above.