RUPJI Vs. STATE

JUDGEMENT

(1.) THESE five appeals have been preferred by eight persons, Rupji, Gamira, Lalu, Chunia, Narji, Kehra, Chamna and Savla, who have been convicted under section 330 of the Penal Code, and sentenced to four months' rigorous imprisonment each by the Additional Sessions Judge, Banswara. The first four appellants filed separate appeals, which are appeals Nos. 20, 21, 22 and 23, while the last four have file 1 one appeal, which is appeal No. 25 of 1950.

(2.) THE case for the prosecution is that Mst. Champi, wife of Bhurji Nat, disappeared from village Dhanku, whereupon a committee of Bhils, also known as Bhil Police, sent for Hem Chand, his son Shaitan, and brother Lal Chand to appear before the committee on the 18th May, 1948. Savla accused is the person who was sent to call them. THE committee is alleged to have met at the house of Moti. It is alleged that when Hem Chand, Shaitan and Lal Chand appeared before them, Gamira asked Shaitan to disclose where he had decoyed Champi. THE suspicion against Shaitan was that he had managed to send her away in order to be made mistress of one Lala. Shaitan denied having anything to do with the disappearance of Champi, whereupon Chimna accused directed his companions, including the seven other accused, to make him stand in the sun so that he may tell the truth. This was done, and Shaitan was questioned further and directed to tell the truth about Champi. On Shaitan's denying having knowledge about her, he was beaten by lathies by all the eight accused, who were standing round about him. Hem Chand at that stage protested that his son was innocent, and may not be beaten, whereupon Kehra appellant is alleged to have slapped him, and Chunia appellant struck him with a lathi on the neck. When evening fell, Shaitan and Hem Chand went away followed by Lal Chand. THE report of the incident was made on the 23rd of May, 1948, to Sub-Inspector Durjan Singh in village Mokhia, where he had gone in connection with certain investigation. An offence was registered at Police Station Arthuna, and the injured were directed to go to hospital, Gandi, for medical examination. As the doctor was not present, Hem Chand and Lal Chand went to Pratappura Hospital, and there after all the eight accused were challaned to the Court of the First Class Extra Magistrate, Banswara, who committed all the accused to the Court of Session under section 330 of the Penal Code.