H.L. Capoor, J. - (1.) THIS judgment shall govern Criminal Revision Nos. 526 and 663 of 1971 as they arise out of the same incident.
(2.) NAWAB Singh, Bhola Singh, Ram Charan, Rajendra, Kishan Lai, Smt. Siriya and Smt. Ram Sri have preferred these applications in revision against the judgment and order, dt. 23 -3 -1971, of Sri A.P. Agarwal, Civil and Sessions Judge, Agra, dismissing the appeal and maintaining the conviction of the Applicants Under Sections 147 and 332 read with Section 149 IPC and sentences of three months' R.I. Under Section 147 and three months' R.I. Under Section 332 read with Section 149 IPC awarded to the other Applicants than Smt. Siriya and Smt. Ram Sri who were sentenced to pay a fine of Rs. 50/ - each under both the counts and Ram Charan and Rajendra were released on probation of good conduct Under Section 4 of the First Offender's Probation Act by the learned Magistrate. It appears that Sri J.L. Chawla, S.O., P.S. Khandauli, Agra, went to village Bas Achlu along with certain constables on 3 -4 -1966 for executing warrants Under Sections 87/88 Code of Criminal Procedure against one Bhagwan Singh accused wanted Under Section 60 of the Excise Act. Some public witnesses were also taken by the police party from the way. An information was received that Bhagwan Singh was at his Khaliyan and hence the police party proceeded towards that side. On seeing the police, Bhagwan Singh tried to run away and managed to make good his escape inspite of a chase. Two bullocks of Bhagwan Singh were then attached from his khaliyan. When Vijay Singh, constable, proceeded towards the house of Bhagwan Singh having taken the bullocks, all the Applicants were said to have arrived there being armed with sickles and lathis and snatched the bullocks from Vijai Singh, constable. Rajendra and Smt. Ramsri Applicants started taking them away. When the police party tried to stop them from taking away the bullocks, Nawab Singh Applicant gave one sickle blow on the back of Sri Chawla. On an alarm being raised by Smt. Siriya and Ram Charan, 10 -15 villagers were said to have arrived there being armed with lathis, but the constable, Vijai Singh, asked them not to proceed further and it was then that the Applicants Smt. Siriya and Bhola caught hold of him (Vijai Singh) and tore his uniform. One constable was said to have fired a gun shot in the air, but the accused Applicants had assaulted the police party with sickles and lathis and also made an attempt to snatch their guns. It was then that Mashooq Ali, constable, was said to have fired a shot which hit Nawab Singh accused -Applicant in his leg and, thereafter, the villagers ran away. The police party then arrested Nawab Singh, Ram Charan, Kishan Lal and Smt. Siriya on the spot and two sickles and two lathis were also recovered from their possession. These arrested accused were taken to police station and a chargesheet was submitted against them. They were prosecuted and the learned Magistrate having found them guilty, convicted and sentenced them as aforesaid.
(3.) ON appeal being preferred by the Applicants, it was dismissed and the learned Sessions Judge having believed the prosecution witnesses and having discarded the defence version, arrived at the findings that Sri J.L. Chawla along with some constables and public witnesses had gone to the village of the accused persons on 3 -4 -1966, that Sri J.L. Chawla had attached two bullocks of Bhagwan Singh, that the accused then snatched the bullocks and caused Hansiya injuries to Sri J. L. Chawla and also attacked the police party with lathis and Hansiyas, that the issue of warrant of arrest Ex. Ka 5, warrant of attachment Ex. Ka 6 and warrant of proclamation Under Section 87/88 Code of Criminal Procedure was irregular because neither on the warrant of arrest nor on the warrant of attachment, it was mentioned that the warrants could be executed by Sri Chawla or any member of that police station and that the police party having acted in good faith under colour of its office and having attached only two bullocks, the accused had no right of private defence in inflicting injuries on the police party. He accordingly upheld the conviction and sentences awarded by the learned Magistrate.;