RAGHUNATH AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal arises out of the judgment of the learned Additional Sessions Judge, Baran, dated 31st October, 1972. I have heard argument and perused the record of the case.

(2.) The substance of the prosecution story is that on the night falling between 24th and 25th August, 1971 complainant Chittar was working in his field in village Bewdiya. The fields of accused, namely, Mohan, Raghunath, Mangilal, Ramchandra and Ghasilal are also near the field of the complainant. Some 4 -5 days before the day of the occurrence, Chhitar end accused Mohan and Ramchandra had some exchange of words. The accused alleged that the complainant was grazing his cattle in their fields. It was said that it was on account of this enmity that on the aforesaid night at about 2.30 A.M. all the five accused persons attacked Chhitar. Mohan and Raghunath were armed with swords and the rest of them had lathies with them. All the five accused persons hit him on the hands and on the stomach. Hearing his cries Kanhaiya and Gokul Gujar came there and rescued him.

(3.) A report of this incident was lodged in the Police Station, Baran on 25.8.1971 at 11 A.M.