BHERUN LAL Vs. KUBER SINGH

JUDGEMENT

(1.) THIS is a revision by Bherun Lal against the order of the Sessions Judge, Udaipur, by which the Sessions Judge refused to interfere in an order of discharge by a Magistrate of Udaipur in a case which was triable by a Court of Sessions.

(2.) THE prosecution story is briefly this. Bherun Lal, applicant had gone to village Godana on some private business. While he was there, he was sent for by the opposite party, Kuber Singh, who is the Jagirdar of Jharol. He and three of his friends went to Jharol. THE Jagirdar then told him that a complaint had been made against him by his father-in-law for beating his brother-in-law, Dola. Bherun Lal asked for permission to appear later, as he had to go out on that day. THEreupon, it is said that somebody stood surety for him, and he promised to appear before the Jagirdar on some other day. He and his friends went to the Jagirdar on the 19th of September, 1946. It is said that the Jagirdar repeated the complaint that had been made against Bherun Lal, and asked him to pay up Rs. 101/-, or otherwise he would be beaten. Bherun Lal eventually paid up Rs. 51/-, and was then allowed to go away. THEreafter, he returned to Udaipur. It is said that after he had come back to Udaipur, he made some complaint to the Mehkma Khas against the Jagirdar. He was thereupon directed to approach the court, and he filed the present complaint on the 15th of January, 1947, almost four months after the incident.