BRAHMACHARI LALIT BABA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The revisionist has filed the present revision against the order dated 8-9-92, passed by learned Munsif and Judicial Magistrate, Sujangarh whereby he accepted the FR No. 4/91, pertaining to F. I. R. No. 200/90, PS Sujangarh and rejected the protest petition of the complainant-revisionist for the reasons disclosed in his impugned order.

(2.) Brief facts of the present case, inter alia, are that the complainant-revisionist filed a complaint in the Court of Munsif and Judicial Magistrate, Sujangarh against the present respondents on 1-8-1990, for the offences under Sections 119, 120-B, 147, 148, 149, 190, 217, 295, 452, 352, 323, 325, 364 and 392, I. P. C. with the allegations that on 5-4-88, in the evening when the revisionist was sitting in the Temple of Santoshi Ma and doing Pooja Path, accused No. 1 to 12 came there armed with lethal weapons like lathis, kulharies, sariyas, dandas and threw away articles of Pooja, abused the revisionist by mother and sister and began to beat him. The accused-persons caught hold of his hair and dragged him through the stones from Dungar Shree Balaji down to Bhawani Tea Stall. The accused-persons tied the hands of the revisionist and mercilessly beaten him with lathis, Dandas and Sariyas causing numerous external injuries as well as internal injuries. The blood began to come out of his mouth which spread on his 'Chola' and body. It is further alleged that on wireless message having been sent accused No. 13 with force consisting of accused No. 14 to 17 came in a jeep at 9.30 p. m. Being public servant, accused No. 13 mis-used his position and in dereliction of his duty, began to give kicks to the revisionist and also gave a blow with butt of pitol on the right eye of the revisionist. Simulatenusly, accused No. 14 to 17 also began to give beating to him and by use of force, they took away Rs. 3750/- from the pocket of the revisionist being the collection for construction of the temple of Santoshi Ma and Chadhawa money. The accused-persons also threatened the owner of Bhawani Tea Stall that if he dared to give evidence against them, he will be dealt in similar manner and they also told him to close the hotel and go away. Thereafter, accused No. 2 and 13 took him to police station, Sujangarh in the jeep with accused No. 4 and 10. At the police station, accused No. 2, 4, 10, 13 and 19 treated him inhumanly and further beaten him. It is also alleged that after beating him, a danda was thrust in the anus of the revisionist and then he was put in the lock-up. It is alleged that the revisionist became unconscious. The revisionist regained consciousness on the next day. Accused No. 19 with the aid of accused No. 4 and 10 fabricated a false case of recovery of 10 grams of 'Ganja' under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and lodged an F. I. R. No. 47 on 5-4-88, against the revisionist and produced him before the learned Magistrate on 6-4-88. Having noticed the injuries all over body of the revisionist and blood spread on his Chola, he was ordered to be medically examined under police custody by the learned Munsif and Judicial Magistrate, Sujangarh.

(3.) After medical examination, 17 injuries were found on the body of the revisionist. Details disclosed in the complaint explaining the delay in filing it is not necessary to be reproduced here in verbatim which can be verified from the original complaint filed by the revisionist. Here, in the present case, this Court is called upon to; examine the correctness, legality and propriety of the order impugned passed by the learned Magistrate within the meaning of Section 397 (1), Cr. P. C.