STATE Vs. LUNI

JUDGEMENT

(1.) THIS reference comes on the report of the District Magistrate, Chittorgarh, dated the 30th December, 1953.

(2.) THE facts leading to it are that one Kalu S/o Khema Regar filed a complaint against one Mst. Luni wife of Kishore Regar in the court of the Sub-Divisional Magistrate Begu. It was alleged against her that she had expressed before some woman that his wife was a witch and that she was thus defamed. THE complainant produced only one witness Mst. Mangi in the court. She did not support his statement and therefore the trial court discharged the accused. THE accused had also made an application that the complaint against him was false and frivolous, that it was presented only to harass her and therefore the complainant should be ordered to pay her compensation of Rs. 100/- which she had spent on engaging a counsel. THE court enquired into this matter and ordered the complainant to pay Rs. 50/- as compensation to the accused under sec. 250 Cr. P. C.