SANICHAR MAHTON Vs. BHIKHAN DHOBI

JUDGEMENT

(1.) This is an appeal against acquittal arising out of a complaint case (No. 1190 of 1968 - Tr. No. 295/70) which has been tried by Shri S. K. Sinha, Munsif-Magistrate First Class, Jamui.

(2.) The appellant was the complainant. Briefly stated, the case is that he had sold onion seedlings worth Rs. 11 to Bhikhan Dhobi, the price of which had not been paid to him. On 28-2-1968, at about 7.30 a.m., when the complainant Sanichar Mahton was returning after answering the call of nature, he found the accused respondents Bhikhan Dhobi and Kishun Dhobi going to their fields. Sanichar demanded from Bhikhan the sum of Rs. 11. Bhikhan felt offended at the demand made on that occasion when he was on way to field and there was some altercation between them, in course of which Bhikhan inflicted a lathi blow on his right thigh and Kishun gave him another lathi blow on his left side. Accused Buniyad and Dalip also reached the place of occurrence in support of Bhikhan and Kishun said and they also assaulted Sanichar with lathis. The occurrence was seen by some of the people who were nearabout in the fields and also came on hearing hulla. The accused parsons, however, ran away from there. Sanichar was brought in injured condition to Jamui Subdivisional hospital. Information was sent to the police from the hospital. The police came and recorded the fardbeyan, but did not institute any case as the injuries were all simple and the offence was non-cognizable. On the 29th February, 1968 itself the complainant sent a complaint to the Subdivisional Magistrate, Jamui.

(3.) In the hospital Sanichar was examined by Dr. D. P. S. Mauar (P.W. 8) On his person he found the following injuries :