STATE Vs. GAJRAJ

JUDGEMENT

(1.) THIS is an appeal by the State against the acquittal of Gajraj accused by the Sub-divisional Magistrate of Jodhpur.

(2.) THE case relates to an incident which took place on the night between the 24th and 25th May, 1948. THE prosecution story was briefly this:

(3.) THEN there is Mangilal who is a cousin of the accused, and is obviously interested in saving him. The evidence that this witness and other witnesses have given about the intervention of Manrupa and Ruggha in favour of Ania is so discrepant that we are not prepared to rely on the story put forward on behalf of the defence that it was Manrupa and Ruggha who wanted to save Ania, and therefore implicated Gajraj falsely.