RAM NIWAS Vs. MAGNA RAM AND ORS.

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Public Prosecutor for non-petitioner No. 3 and perused the orders passed by the courts below.

(2.) The facts of the case maybe briefly stated as below :

(3.) After considering the statements of Magna Ram (PW 1) and Narpat Singh (PW 2) the learned Additional Chief Judicial Magistrate came to the conclusion that Magna Ram (non-petitioner No. 1) was 81 years old and that the possession of his property including fields and houses had been taken over by his son Ram Niwas (petitioner) and, therefore, Magna Ram had no means of subsistence. Consequently, the learned Additional Chief Judicial Magistrate granted maintenance allowance to Magna Ram at the rate of Rs. 500 /- per month and this maintenance allowance was made payable by Ram Niwas (petitioner). The petitioner (Ram Niwas) preferred a criminal appeal No. 13/93 Ram Niwas Vs. Magna Ram & Ors. and the same was decided by the learned Additional Sessions Judge, Nagaur vide order dated 11.12.1993. The learned Additional Sessions Judge dismissed the appeal with cost and declined to interfere with the order passed by the learned Additional Chief Judicial Magistrate.