UMRAO SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The petitioners Umrao Singh and Kunwarlal have been convicted of the offence under Section 323 of the Penal Code and sentenced to 2 months rigorous imprisonment and a fine of Rs. 25/-. Petitioner Ghasiram has been convicted of the offence under Section 352 of the Penal Code and sentenced to 2 months simple imprisonment and a fine of Rs. 25/-.

(2.) The case for the prosecution was that on 27-8-1959 the petitioners belaboured Barelal who had gone out to graze his cattle, and who was blamed by the accused to have caused damage to their crops. Initially the case was registered as a non-cognizable one, but subsequently, when it was discovered on medical report that grievous hurt had been caused, the case was challaned by the police. Barelal, however, died a natural death after six months of the occurrence but before he could be examined as a witness.

(3.) Shri Dey contends that the F. I. R. lodged by Barelal could not be considered by the courts below and that the evidence of the solitary eye witness, Pannalal P. W. 2, was unreliable as he was not mentioned in the list of witnesses filed by the prosecution.