JUDGMENT & ORDER (ORAL)

Heard Mr. R. Dutta, learned counsel appearing for the petitioners as well as Mr. R. C. Debnath, learned Addl. PP appearing for the State.

2. This is a petition under Section 397 read with Section 401 of the Cr.P.C. from the judgment dated 22.05.2015 delivered in Criminal Appeal No.19(2) of 2014 by the Sessions Judge, Gomati Judicial District, Udaipur upholding the judgment and order of conviction and sentence passed by the Judicial Magistrate, 1st Class, Amarpur in case No.PRC 35 of 2012. The petitioners have been sentenced to suffer two years RI with fine of Rs.2,000/, in default to suffer SI for 30 days in terms of their conviction under Section 332 of the IPC and RI for one year in terms of their conviction under Section 428 of the IPC. It has been also observed by the trial court that both the sentences shall run concurrently. By the impugned judgment, the appellate court has simply affirmed the said Judgment and order of conviction and sentence.

3. The genesis of the prosecution case is rooted in the written ejahar filed by one Mohan Singh Jamatia, the Officer-in-Charge of Jatanbari Fire Station on 23.02.2012 informing the Officer-in-Charge, Nutanbazar PS that on 23.02.2012 at about 4.30 in the afternoon, they received a call from Depaichari Uchai Para forest area that there was a fire incidence. They immediately rushed to the place of the fire incidence. When they almost extinguished fire, they received another call from Depaichari Muslim Para, that a fire incidence had taken place in that area also. When they reached at that place with their fire tanker bearing No.TRG592, the frenzied mob attacked the said fire tanker. In the said attack, five fire personnel received injuries. Based on the said written ejahar, Nutanbazar PS Case No.09 of 2012 under Section 353/333/437/34 of the IPC was registered and taken up for investigation. After the investigation was complete, the final police report chargesheeting the petitioners was filed. The trial court after taking the cognizance framed the charge against the petitioners under Sections 353/332/427/34 of the IPC to which the petitioners pleaded innocence and claimed to be tried.

4. In order to substantiate the charge, the prosecution adduced as many as 17 witnesses including the informant, Mohan Singh Jamatia, PW2 and other injured witnesses. The prosecution had also introduced several documents including the written ejahar, the seizure list and site map. But no injury report has been introduced in the evidence despite such injury reports are available in the police papers. Even no doctor was examined. For the defence, no evidence was adduced. Their case was complete denial. After recording the evidence, the trial court returned the finding of the conviction holding as under:

“16. The evidence of P.W.2 is totally corroborated by P.W.4, 6, 7, 8, 9 & 11 who were, along with other officers, at Depaichari Uchai Para and Muslim Para. Besides this, P.W.4, 6, 7, 8, 9 & 11 are also victim of this case and sustained injury during throwing of brick bets and were being assaulted by the public at Muslim Para including present accused persons. P.W.4 corroborated the deposition of P.W.2 and deposed that on 23/02/2012 they received one call about the setting of fire at Depaichari Uchai Para in one rubber garden accordingly he along with other staff went to the spot and extinguish fire and during that time they received another call that a fire took place at Depaichari Muslim Para. Accordingly, they rushed to the Depaichari Muslim Para to control fire, keeping two fire men at Uchai Para and when they reached Muslim Para then some public become violent and attacked to their vehicle and fire men by way of lathi, brick, shaval etc. As a result, they sustained injury on their persons. P.W.4 also identified the accused person before the court. His deposition during cross-examination also remain intact. In same way, the deposition of P.W.6 7, 8, 9 & 11 are also totally corroborate

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