LAWS(RAJ)-1949-10-9

HEERSINGH Vs. RAJ

Decided On October 25, 1949
HEERSINGH Appellant
V/S
RAJ Respondents

JUDGEMENT

(1.) THIS is a revn. directed against an order of the learned Ses. J. Churu, confirming, in appeal, the convictions of the appcts. under Section 325, B. P. C. by the Munsif-Mag. Sardarsbahi. The Mag. had convicted thirteen accused persons, including the appcts. of an offence under Section 147, B. P. C. for rioting, sentencing each to 3 months R. I. On appeal the learned Ses. J. upheld the convictions of the present appcts. only under Section 325, B. P. C. while acquitting them as well as the remaining accused persons of the offence under Section 147, B. P. C. He, however, reduced the sentences of Hir Singh & Jasia accused persons from rigorous imprisonment to simple in view of their old ago.

(2.) THE case started on a report, made at Thana Sujangath, on 30 8-47 at 4 P. M. by Ganesha Brahmin & Sukharam Jat of Malusar alleging that, on the preceding night fifteen persons (named in the report), who were armed with guns & lathies broke into the house of Ganesha informant & after one of them had injured him, demanded from him the keys of his Kotha, on pain of death. It was further alleged that having also beaten Ganesha's brother Duda & his wife & caused grievous injuries to Mangha another of his brothers, the accused person forcibly took out Rs. 5000 belonging to the informant (Ganesha) & Rs. 500 belonging to Mangha. THE accused, it was said, then entered the house of Sukhram, informant 2 & after beating him, they forcibly took away cash worth Rs. 535 belonging to him. From there the accused were said to have passed due into the house of Sohanlal Brahmin from where they looted cash amounting to Rs. 200 belonging to him & Rs. 400 belonging to his son-in-law Ramlal, then the party entered successively, the houses of Bhoma Shyjama & Rekha Jats & of Malu Chamar & Amichand Brahmin & inflicted injuries on the inmates, including the wives of Bboma, Shyjama & Amichand. THE Police charge-sheeted all these 15 persons, including two who were absconding, under Sections 325 & 148, B. P. C. Medical evidence was to the effect that Mangha (P. w. 2) received three grievous injuries & three simple ones, & Ganesha (p. w. l) one grievous injury while Duda Bam (p. w. l), Baluram (P. w. 2) & Sukhram (p. w. 2) received, respectively, five, two & two simple injuries, all by blunt weapons.