ATRAJ Vs. STATE

JUDGEMENT

(1.) THE appellant Atraj and his son Sugharsingh have filed this appeal against their conviction and sentence by the learned Additional Sessions Judge, Dholpur under sec. 308 read with sec. 34 of the Indian Penal Code for causing injuries to Manka. Sugharsingh accused has also been convicted and sentenced under sec. 323 of the Indian Penal Code.

(2.) THE case for the prosecution was that on the 24th of October, 1949, sometime in the afternoon, some cattle of Atraj appellant got into the filed of Manka who rounded them up and was driving them towards the cattle pond when Mst. Javitri, sister of the appellant Atraj raised a hue and cry that their cattle were being taken away. On this the appellant Atraj and his three sons, Chota, Mohansingh and Sugharsingh came armed with lathis and began to beat Manka alias Manakchand. Manka called out his brother Poorna who was in a field nearby for help and Mst. Javitri as well as the four accused mentioned above, left Manka and ran towards Poorna. Poorna was at that time sleeping in a bagia of him and there he was badly belaboured by Atraj and his three sons. Of the two, Poorna got a very large number of injuries and had to be taken to the police station on a charpoy. A report was made at the police station, Rajakhera, which is at a distance of about a mile from the place of occurrence. THE police took the investigation in hand and got the two injured persons Manka and Poorna examined at Rajakhera Hospital. Mst, Javitri, Atraj and Chotey were also medically examined at the same hospital. Injuries were found on the body of all these five persons. Before the case was challaned. an application was also made on behalf of Manak before the Circle Inspector on the 30th October, 1949, complaining that the police was not properly investigating the case and the Circle Inspector himself should go to the spot and investigate the case.