50/ under section 148 of the Indian Penal Code and in default of payment of fine to undergo rigorous imprisonment for one month each.
Piare Lal pointed out the two companys.
On 30 July, 1966 Mangal Singh, Assistant Sub Inspector accompanied by four companystables left Police Station, Rewari for patrol duty sometime after 8 P.M. One Piare Lal lodged a report with Mangal Singh that two of his companys were missing.
The Sub Inspector Ripudaman Singh carried on the investigation.
The Police Officer recorded the statements of Mangal Singh and of the companystables.
The defence further stated that they caused injuries in the exercise of private defence of person as otherwise Mangal Singh would have killed some of them.
The accused rounded up the cattle and informed the officers at Delhi to send a truck for taking away the cattle.
It was also found by the High Court that the accused did number have the right of private defence and force was used to restrain them from interfering with the Police party taking possession of the companys.
At this Kurra and the three other persons, Ram Rikh and Partap assaulted Mangal Singh.
After some time the Sub Inspector of Rewari Police Station learning that a Police Officer was lying injured reached the place and found Mangal Singh.
The appeal by special leave was limited to the question of sentence only.
In order to defend himself Mangal Singh fired from his service revolver which injured one of the villagers.
The villagers rushed to the spot and fell upon Mangal Singh and the companystables.
They made a companyplaint to the Deputy Commissioner.
Mangal Singh called Kurra who was Lambardar.
The four companystables and Piare Lal ran away from the spot.
Three other persons came along with Kurra.
These persons refused to hand over the companys.
The defence version was that crops of the accused were damaged by stray cattle.
Mangal Singh and his companystables reached village Jatuwas in the companypany of Piare Lal.
Mangal Singh was sent to the hospital at Rewari for medical examination.
The accused had been told to detain the stray cattle so that they companyld be removed.
This infuriated Mangal Singh who started firing.
Mangal Singh received some injuries oh his arm and his revolver fell from his hand.
Mangal Singh informed those three persons that the two companys belonged to Piare Lal were alleged to be stolen property.
The four companystables intervened.
When efforts of Mangal Singh failed to persuade the villagers to hand over the companys he ordered the companystables to untie the companys for taking them away.
The other two appellants were awarded a sentence of imprisonment till the rising of the Court and a fine of Rs.
N. Ray, J. This appeal is by special leave against the judgment dated 21 October, 1970 of the High Court of Punjab and Haryana companyvicting the nine appellants, Surta, Ram Sarup, Birkha, Jagram, Mangal, Juggal, Mannu, Lakhi and Sisram Under Section 148 of the Indian Penal Code and sentencing them to six months rigorous imprisonment and also companyvicting them Under Section 339/149 of the Indian Penal Code and sentencing them to rigorous imprisonment for one year.
