STATE OF RAJASTHAN Vs. CHUNIYA

JUDGEMENT

(1.) THE present appeal has been directed against the judgment dated 28. 6. 1991 passed by the learned Chief Judicial Magistrate, Jalore in Criminal Case No. 149/91 whereby the learned Magistrate has acquitted the accused respondents for offences punishable under Sections 341, 325, and 323 I. P. C.

(2.) THE brief facts giving rise to this appeal are that on 6. 1. 1988 at 9. 45 A. M. one Veera Ram filed an oral first information report that today at 9-9. 30 A. M. when Ranchoda was carrying on sand in bullock cart and reached in front of his house, Chuniya and Ganesha armed with lathis came over there and Chuniya inflicted lathi blow on the face and Ganesha inflicted lathi blow on the head of Ranchhoda. Till that time Ranchhoda stepped down from the cart. THEreafter Ranchhoda and Chuniya struggled with each other. He and his father Soma intervened and separated them. THE left ear's border layer of Ranchhoda broken and he lost his golden Murki which was taken over by the accused. Two teeth of Ranchhoda were broken and he was also caused injury on the head. At the time of lodging the report Ranchhoda was also accompanying the first informant.

(3.) THE learned counsel for the accused respondents has supported the judgment of the learned trial court and submitted that there is no illegality in the judgment of the learned trial court. THE learned trial court has rightly acquitted the accused respondents after appreciating the material on record.