BALDEO Vs. DEO NARAIN

JUDGEMENT

(1.) This is a revision against acquittal. It has been filed on behalf of one Baldeo who was the complainant in the case out of which these proceedings have arisen. The prosecution case, as stated by Baldeo, was as follows : On 15-9-1949, at about 8 or 9 o'clock in the morning his brothers, Chini Prasad, Maldhi, Bansi and Panch Ratan, were repairing the boundary wall of their grove when six persons, named Deo Narain Singh, Lal Bahadur Singh, Lal Saheb, jagannath, Indrapal Singh and Amarnath Singh came to the spot armed with lathis. They tried to stop his brothers from repairing the said boundary wall. His brothers insisted on doing it. Then Deo Nwrain Singh abused them and shouted out to his companions to beat them. Thereupon all the accused persons started beating Maldhi and others. Maldhi's arm was fractured. Panch Ratan received lathi injuries. Bansi and Chini Prasad also got injuries. On hearing the alarm Jokhan came on the scene. He was also beaten by the accused and received injuries including one on his head. Nirpat, Dangar and other persons came to the scene and saw the incident. He went to the thana to make the report. He found the accused present there and talking to the 'daroga ji'. Panch Ratan asked the 'daroga' to take down the report. 'Daroga Ji' refused to do it. In the evening when the complainant's party was about to return from the thana then a report was taken down by the 'dan roga'.

(2.) The injured persons were examined by the doctor on the next day by the Medical Officer, Handia Dispensary. (After a description of the various injuries on the bodies of Maldhi, Jokhan and Panch Ratan the judgment proceeded.) All the above injuries were caused by some blunt weapon.

(3.) Baldeo appeared in Court and stated the prosecution case mentioned above. In support of the said case four other witnesses, named Maldhi, Nirpat, Jokhan and Sat Narain were examined. These witnesses corroborated the story narrated by Baldeo. The prosecution also examined the Medical Officer who proved the injury, report prepared by him. This injury is Ex. P. 1 in the case. On the above facts all the afore-mentioned six accused were charged under Sections 147 and 325, Penal Code.