Harkishan Lal vs Emperor - 1931 Supreme(Lah) 29

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1931 Supreme(Lah) 29

JAI LAL
Harkishan Lal – Appellant
Versus
Emperor – Respondent

JUDGMENT

Jai Lal, J. - The two petitioners Harkishan Lal and Ram Nath were sent up for trial before a Magistrate of the First Class, Lahore, under various sections of the Indian Penal Code. They were charged under Sections 452 and 323 of the Code but were convicted under Section 452 and sentenced to one year's rigorous imprisonment and a fine of Rs. 200 each. On appeal the learned Sessions Judge altered the convictions to Section 451, I.P.C., and reduced the sentence to six months rigorous imprisonment and a fine of Rs. 50 in the case of each convict.

2. The facts alleged by the prosecution are that the petitioners along with others were picketing the shop of one Ramji Das, a liquor vendor of Lahore, on 14th June 1930, when two men P.W. 1 Fazalu and P.W. No. 4 Munah went there to purchase liquor and were both prevented from going inside the shop but they forced their way in and purchased a bottle of liquor, but when they attempted to get out of the shop they were again obstructed. They however drank the liquor inside the shop whereupon the petitioners entered the shop and beat both Fazalu and Munah there. The Magistrate has disbelieved the story as to beating and in spite of the deni

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