MADHUDAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Brief facts giving rise to the present revision petition are that PW 2 Vallabh Das, Head Master of Rajkiya Uchh Prathmik Vidhyalaya, Ghata, Tehsil Kelwada lodged a written F.I.R. at Police Station Kelwada on 14-9-1977 stating therein that when he was teaching the students of VIIIth standard at about 1.30 P.M. accused petitioner No. 1 Madhudas and accused petitioner No. 2 his son Mithudas entered in the premises of the school and started to abuse him and other teachers of the school. Hearing the hue and cry made by the revisionist No. 1 and 2, he came out of his class room and asked from Madhudas as to why he is making hue and cry in the school premises. According to First Information Report, accused revisionists No. 1 Madhudas in abusive language stated that Mohan Balia, who is student of Class Vth has beaten his daughter. The complainant-Head Master asked from Mohan Balia, student of Class Vth, as to why he had beaten the daughter of revisionist No. l Madhudas. During the course of inquiry by the Head Master, Mohan Balia, student of Class Vth, informed to him that he had gone to urinate after seeking permission from the teacher-Hem Singh (P.W. 1) out-side the boundary wall of the school where he was beaten by the accused revisionist No. 2 Mithu Das. Hearing the hue and cry made by the revisionists No. 1 and 2, all the teachers of the school collected and started to pacify accused petitioners No. 1 and 2 not to abuse the Head Master and other teachers in the school premises. Meantime, revisionist No. 3 Bhanwarlal came on the spot and all the accused persons abused, humiliated and beaten the Head Master and interfered in the discharge of his official duty.

(2.) On the aforesaid written information, a case was registered at Police Station Kelwada under Sections 332, and 353 and 506, I.P.C. and F.I.R. Ex. P. 2 was drawn.

(3.) After investigation, the police submitted charge-sheet against three accused persons before the Munsiff and Judicial Magistrate, Kumbhalgarh