MUNNI LAL Vs. RAM DHARI

JUDGEMENT

(1.) IKRAM-ul-Bari, J. List revised. Shri M. D. Singh, Advocate for the appellant is present. Learned A. G. A. is also present. None however, appears on behalf of the respondents.

(2.) MUNNI Lal the appellant was the complainant for before the learned Magistrate.

(3.) AT the trial Munni Lal appellant was examined as P. W. 1, Ram Jatan was examined as P. W. 2 and Shri Ram Singh was examined as P. W. 3. As against the com plaint version that Munni Lal had seen the culprits carrying the bullock cart through his field, he stated as P. W 1 that Rama Shanker was getting the brinjals picked out, that he himself was not picking up the brinjals, that the brinjals were placed in the Jholi meant for keeping Bhoosa. He also told that he did not give any report at the police station. The substance of the statement of P. W. 1 is that when he reached he only saw the bullock cart driven by the respondents from or through his field. How he could know that the brinjals have been picked out from his field has not been explained. P. W. 2 claimed that when he reached, the respondents were taking the bullock cart through the brinjals field and there were brinjals on the bullock cart weighing about 4-5 mounds which they had picked. In his cross examination, he claimed that the respondents were abusing and were picking up the brinjals at the same time. Obviously, P. W. 2 could not see the respondents picking up the brinjals if he had reached on the alarm raised by Munni Lal since he himself had not seen the picking up the brinjals. P. W. 3 stated that the respondents were carrying the 4-5 mounds brinjals in the bullock-cart after picking them from the field. In the cross examination, he told that when he reached, the bullock-cart had gone away; that 4-5 persons were sitting on the bul lock-cart. He further told the defence counsel that when he reached, the culprits were carrying the Jholi in which the brin jals had been placed.