MOHAMMAD RAFIQ,J - (1.) HEAD learned Counsel for the parties.
(2.) THIS appeal is directed against the judgment dated 31.1.1987 passed by the learned Sessions Judge, Jhunjhunu whereby the accused -appellants were convicted for offence under Section 148 IPC and sentenced to rigorous imprisonment for one year with a fine of Rs. 200/ -, in default whereof to further undergo rigorous imprisonment for one month and were also convicted for offence under Section 307 read with Section 149 IPC and sentenced to undergo rigorous imprisonment for five years with a fine of Rs. 500/ -, in default whereof further undergo rigorous imprisonment for two months. The factual matrix of the case giving rise to this appeal is that a written report was submitted by one Bajrang Lal before Police Station Udaipurwati on 30.5.1984 alleging therein that his son Girvar Singh had gone to the residence of Bhagwana Ram S/o Bijaram, Village Chirana to complain. about their goats, who entered into his agriculture field and damaged the crop. He was beaten by Maglaram, Bhagwana Ram, Fataram, Fularam, Baluram, Bhagoti, Bholdi, and the wives of Bhagwana Ram and Fataram, who were armed with 'gandasis' and 'lathis'. This incident was witnessed by Khangaram S/o Chokaram, Barisal Singh S/o Jaman Singh Rajput, Mangu Singh S/o Jaman Singh. Girvar Singh has received injuries on his head. It is only when Ram Singh informed, that the complainant went to the scene of the occurrence. On the basis of the aforesaid written report, a regular first information report was lodged for offence under Sections 147, 148, 307 & 323 IPC and investigation commenced. After completion of investigation, the police filed challan against the five accused -appellants herein and also against the Smt. Chuki Devi, Smt. Molari, Smt. Bhagwati and Smt. Shoyapali. The learned trial Court however, acquitted all the aforesaid ladies holding that offence against them was not proved beyond reasonable doubt and convicted the accused -appellants for offences indicated above. Hence, this appeal.
(3.) I have heard Shri Praveen Balwada learned Counsel for the appellants and Ms. Sadhna Bhatt, learned Public Prosecutor for the State.;