SOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Special leave granted.

(2.) These two criminal appeals are from the common judgment of the High Court of Rajasthan dated 23-3-1989 in S. B. Criminal Revision No. 426 of 1982 filed by the appellants Nos. 1, 2 and 3 and S. B. Criminal Revision No. 325 of 1982 filed by the appellants Nos. 4 and 5 herein.

(3.) On 21-4-1980 one Shanti Lal lodged a report at Bikaner Police Station stating therein that the appellants and two others namely Uttam Chand and Hanuman Chand at about 2 p.m. that day were pelting stones at the informant's house causing damage to it and that Durgabai, Tara and Sunita who at the relevant time were sitting at the chowk of the house were injured. After recording F.I.R. No. 22 dated 214-1980 and on completion of investigation police framed charges under Ss. 147, 323, 325, 336 and 427, I.P.C. and the charge sheet was forwarded to the Judicial Magistrate No. 2 Bikaner under Section 173, Cr.P.C. After taking cognizance and after hearing the arguments, the Judicial Magistrate, Bikaner by his order dated 3-10-1980 in Criminal Case No. 165 of 1980 had been pleased to discharge the appellants Nos. 4 and 5, namely, Bijya Bai and Jiya Bai of all the charges levelled against them. Appellants Nos. 1, 2 and 3, namely, Sohan Lal, Padam Chand and Vishnu were ordered to be charged only under S. 427, I.P.C. on the basis of site inspection and injury report: