JAMSULAL Vs. STATE

JUDGEMENT

(1.) THIS is a revision against an order of the Sessions Judge, Bhilwara, directing that the petitioner, Jamsulal, be committed to his Court to stand trial for offences under sections 364, 369 and 302 of the Penal Code.

(2.) THE facts of the case are that on the 8th of September, 1948, (Bhadwa Sud 6, Samwat 2004) Salam Chand took his son Bhanwarlal, aged about 11 years, to temple, after putting on his person a necklace and other ornaments, as it was a festival day. After returning from the temple, the boy was left at the shop, and his father went away in search of a she-buffalo. THE father returned at 12. 30 P. M. and did not find the boy either at the shop or at the house, and at 5 P. M. made a report to the Police that Bhanwarlal was missing with the ornaments on his person. THE case for the prosecution is that after Salam Chand had left, the boy went out to the jungle to ease himself, and was there met by the petitioner, Jamsulal, who decoyed him by promise to give guavas towards Mokhampura, and there robbed him of his ornaments and threw him into a well. THE prosecution produced 20 witnesses. Some witnesses were examined by the accused. THE Magistrate, by an order dated the 25th of May, 1950, discharged the accused. On revision by the Public Prosecutor, the learned Sessions Judge, Bhilwara, accepted the revision, set aside the order of discharge, and directed the Magistrate to commit the case to his Court as aforesaid.