- (1.) The petitioners have filed the present revision petition against judgment dated 19.2.2016 passed by learned Additional Sessions Judge, Ferozepur whereby the appeal against judgment of conviction dated 14.8.2015 passed by learned Judicial Magistrate 1st Class, Ferozepur was dismissed with modification in the order of sentence dated 14.8.2015.
(2.) Briefly stated, the FIR No.47 dated 28.5.2011 under Sections 353, 186 and 506 read with Section 34 IPC was registered against the petitioners on the basis of letter No.1465 dated 27.5.2011 issued by the Deputy Commissioner, Ferozepur. It was alleged in the said letter that on 25.5.2011 at about 12.30 p.m., both the accused in furtherance of their common intention voluntarily obstructed public servant BDPO and other officials from discharging their duties. Both the accused also used criminal force and assaulted above said public servants to prevent them from discharging their public duty. Investigation was conducted and report under Section 173 Cr.PC was prepared and presented in the Court. Copies of the report was supplied to the accused free of costs as envisaged under Section 207 Cr.PC.
(3.) On finding a prima-facie case against the petitioners, charge under Sections 353, 186 and 506 IPC was framed against them to which they did not plead guilty and claimed trial. In order to prove its case, the prosecution examined as many as six witnesses. Thereafter, statements of accused under Section 313 Cr.PC were recorded wherein they denied all the allegations levelled against them and pleaded their innocence. They also took the plea that the present case is result of political rivalry. However, no evidence in defence was led by the accused. Learned Magistrate vide judgment dated 14.8.2015 held the petitioners-accused guilty and accordingly convicted them for commission of offence punishable under Sections 353, 186 and 506 IPC and vide separate order of even date, sentenced them as under: JUDGEMENT_436_LAWS(P&H)5_2016_1.html;