KANTA BHATNAGAR, J. - (1.) THIS appeal is directed against the judgment passed by the Sessions Judge, Bhilwara dated January 19, 1977 by which the appellants were held guilty for the offence under Section 332 of the Indain Penal Code and sentenced to one years rigorous imprisonment each.
(2.) BRIEFLY stated the facts of the case giving rise to this appeal are as under. On December 12, 1974 Constable Gopal Lal (P.W. 3) and Constable Ranglal (P.W. 5) went to arrest the five appellants in connection with some criminal case alleged to have been instituted against them at police station, Kotdi. The constables took Luna (P.W. 1) with them All the three then went to the house of the appellants. Constable Gopal Lai (P.W. 3) showed them the order for arrest. The appellants obstructed their arrest and gave a beating to the constables and Luna (P.W. 1). One 'danda' of constable Gopal Lal (P.W. 3) and bi -cycle of Luna (P.W. 1) are also said to have been snatched by the appellants. Gopal Lal (P.W. 3) sent a report of this incident to the Station House Officer Bhilwara through the Station House Officer Kotdi. A case against the appellants was registered on that report. The two constables and Luna (P.W. (sic)1) were medically examined by Dr. A.L. Parmar (P.W. 4). The Doctor noted one simply injury on the person of Gopal Lai (P.W. 3), two simply and one grevious injuries on the person of Ranglal (P.W. 4) and seven simple injuries on the person of Luna (P.W. (sic)1). All the injuries sustained by these persons were said to be caused by blunt object. After the arrest of the appellants, Megha appellant furnished information on April 13, 1975 for getting recovered the 'danda' and the bi -cyele. In pursuance of that information these articles were recovered.
(3.) UPON completion of necessary investigation, charge sheet against the appellants was filed in the Court of Munsif and Judicial Magistrate, Bhilwara. The learned Magistrate finding a prima facie case exclusively triable by the Court of Sessions committed the appellants to stand their trial in the Court of Sessions Judge, Bhilwara. The learned Sessions Judge, charge sheeted the appellants for the offence under Sections 333 and 395 Indian Penal Code and on the denial of the appellants for the indictments, proceeded with the trial. Seven witnesses in all were examined from the proseccution side. In their statements under Section 313 of the Code of Criminal Procedure the appellants denied the allegations levelled against them and stated that police demanded rupees one thousand from them and they had not given any beating to any body. Three witnesses were examined from the defence side. The learned trial Judge placed reliance on the prosecution evidence. The learned Judge did rot find any substance in the prosecution case regarding the allegations of snatching of 'danda' and bicycle by the appellants and therefore did not hold them guilty under Section 395 Indian Penal Code. The learned Judge believed the prosecution evidence about the injuries sustained by the two constables and Luna (P.W. 1) but in view of the fact that author of the injury of Ranglal, a fracture of meta -carple bone, could not be ascertained, the case under Section 333 Indian Penal Code was not held to be made out. The learned Judge, therefore, held the appellants guilty only for the offence under Section 332 Indian Penal Code and sentenced them as stated earlier.;