THE STATE OF RAJASTHAN Vs. BHANWARLAL AND OTHERS

JUDGEMENT

(1.) In this appeal, the acquittal of the respondents Bhanwarlal, Madanlal and Mangukhan for the offence under sections 436 and 327 I. P. C. has been challenged. All the three were tried by the Assistant Sessions Judge, Balotra, after the Munsif Magistrate, Balotra, committed them for trial in the Court of District and Sessions Judge, Balotra. The District and Sessions Judge, Balotra, transferred the case to the Assistant Sessions Judge.

(2.) A verbal report was filed at the police station, Balotra, on 27th Dec., 1971 by one Jagmal s/o Kanji Chaudhary. It was alleged that on that day at 9 P. M., he with Hanuman Purohit, Hemji and Sona Chaudhary were sitting in the court yard in front of his dhani. When they were taking tea and Hanuman was going to his field and on his way, he came to his dhani, then a jeep reached in front of his dhani from which all the three accused persons named above, came out. The accused Bhanwarlal than asked Jagmal as to why he has given statement against him in a case instituted by one Dana. Jagmal in reply stated that he has deposed whatever he had witnessed. Accused Bhanwarlal then coerced him to change this statement but Jagmal refused. All the three accused thereafter pushed the complainant on the ground and accused Bhanwarlal and Manghia obtained a thumb impression on a plain paper by force. It was further alleged that thereafter Bhanwarlal set fire to his jhumpa by a match stick and the accused persons left the place of occurrence by jeep. The complainant stated that he has suffered a loss of Rs. 500.00.

(3.) On the above report, a case was registered under sections 436 and 327 I. P. C. at P. S., Balotra and accused Bhanwarlal was arrested on 28th Dec., 1971. A promissory note of Rs. 2500.00and a receipt for the same amount was recovered.