PUKHRAJ Vs. STATE

JUDGEMENT

(1.) THIS is an application in revision against the judgment of the District Magistrate, Pali, dated 17.9.1952.

(2.) THE facts giving rise to this application are that one Chandmal filed a complaint under Sections 323 and 504, I. P. C., in the Court of the Second Class Magistrate Desuri against five persons namely Pukhraj, Anraj, Meghraj, Faujmal and Jaweerchand. It was alleged that the accused Pukhraj had purchased from him a tin of 'ghee'. On Asoj Vadi 1, he came to the complainant's shop and told him that a quarter seer of 'chach' was found in the tin and, therefore, he should repay to him the cost thereof. The complainant refused to comply with the demand and thereupon the accused Pukhraj gave him filthy abuses. At that very time, the other accused also came to the spot and began to shower filthy abuses on the complainant. It was further alleged that the accused Pukh Raj gave two fist -blows on the complainant's ribs and caused him injury.

(3.) THE trial Court found the accused Pukhraj guilty of offences under Sections 323 and 504, I. P. C. and sentenced him to one month's simple imprisonment. The accused Meghraj, Anraj and Jaweerchand were also convicted under Section 504, I. P. C. and each one of them was sentenced to a fine of Rs. 50/ -. One of the accused Faujmal died during the course of trial and, therefore, he was not convicted.