HOSHIAREY Vs. STATE OF ORS

JUDGEMENT

(1.) THIS revision is directed against ac order of acquittal recorded by the temporary Civil and Sessions Judge of Meerut on an appeal in a cast: under Section 326, I. P. C.

(2.) ACCORDING to the prosecution on 14th of September, 1961, at about 10 or 11 a. m. the opposite parties beat Hoshiarey (P. W. 1) and after forcibly dragging him to their gher one of them namely Bedu chopped off his nose. The incident was witnessed by Munsni and Narain (P. Ws. 4 and 5) but they were not allowed to remove the injured person from the gher. When some more villagers arrived on the scene they rescued Hoshiarey who then went to the police station and lodged a report there at 6 p. m. On the basis of his report a case was registered and investigation followed. It was alleged that this crime was committed by the opposite parties on account of enmity with Hoshiarey (P. W. 1) on whose application to the S. D. O. the police had removed the water logging from the village in spite of the resistance from the side of the opposite parties.

(3.) THE opposite parties had pleaded not guilty before the trial court. According to them they had no enmity with Hoshiarey and that Hoshiarey had committed rape on Mst. Kripali daughter of one Gudar and it was Gudar who had chopped off his nose but they had been falsely implicated in the case on account of their relationship with Gudar and also because they had witnessed the commission of rape by Hoshiarey. They examined Gudar and his daughter in their defence.