RAMJIWAN Vs. MADDYE KHAN

JUDGEMENT

(1.) This is an application by Ram Jiwan complainant, to revise the order of the learned Extra Magistrate, Jaipur District discharging the accused opposite party. The complaint was under Section 382 of the Penal Code and alleged that a pair of bullocks which had been purchased by the complainant from Sunder Lal had been forcibly seized from the possession of the complainant's son Chajju on the 14th May, 1949.

(2.) The learned Magistrate took proceedings under Section 202 of the Code of Criminal Procedure in which Chajju and Ganga Bux were examined. The accused was summoned under Section 427 of the Penal Code. In the presence of the accused, the statements of Ramjiwan complainant, Sunderlal, the seller of the bullocks, Govind Narain his son and Raghunath and Panchya and Bhonrilal were recorded. Raghunath and Panchya deposed that it was in their presence that the bullocks were seized by the accused from the possession of Chajju and Ganga Bux. Bhonrilal deposed that the bullocks were sold by Sunderlal to Ramjiwan and that the witness scribed Khata Ex. P. 1 relating to the entry of the sale of bullocks. Govind Narain also deposed about the sale to the complainant.

(3.) The learned Magistrate after examining the accused held that no offence was made out against the accused. One of the principal grounds for discharge was that the complainant failed to produce Chajju and Ganga Bux. The complainant went in revision to the Court of Sessions and the learned Additional Sessions Judge, Jaipur agreeing with the trial Court, dismissed the revision.