SURJA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Pema, Surja and Lalu against their conviction and sentence passed by the learned Sessions Judge of Bikaner. Lalu was convicted under sec 325 I. P. C. and sentenced to 4 years' rigorous imprisonment, and Surja and Pema were convicted under sec. 323 I. P. C. and sentenced to one year's rigorous imprisonment each.

(2.) THE case for the prosecution was that on the 11th of December 1950 at about noon Mamraj went on his bullock-cart to bring water from the tank and wanted to go through the field of Surja. Surja objected to the passing through his field and Mamraj turned back his cart. THE three accused, however, assaulted him with lathis. His cries attracted his uncle Bagaria who was working close by in his field but he too was assaulted. Boga, another uncle of Mamraj, also came on hearing cries, but he was also given a beating. Mamraj became unconscious as a result of the assault. Boga carried Mamraj to the village in the bullock-cart where he died and the report was made next day at Police Station Nokha. THE accused denied the charge but they did not lead any evidence in defence. THE trial resulted in the conviction and sentence as aforesaid.

(3.) THE provisions of sec. 540 Cr. P. C. give ample powers to a court to summon any person as a witness or recall and re-examine any person already examined, at any stage of an inquiry or trial, and it has been made incumbent upon the court to summon and examine or recall and re-examine any person if his evidence appears to it essential for just decision of the case. THE learned Sessions Judge had, therefore, ample powers to recall and re-examine Sriniwas. THE learned Sessions Judge also gave opportunity to the accused to lead any evidence in defence if they so liked but the accused having chosen not to lead any evidence cannot now be permitted to make out any grievance. THE authorities relied upon by learned counsel are inapplicable to the circumstances of this case.