JAWANMAL Vs. BHANWARI

JUDGEMENT

(1.) THIS is an appeal by Jawanmal against the order of the Sessions Judge of jodhpur acquitting Mt. Bhanwari and three others of an offence under Section 448 of the Indian Penal Code.

(2.) WE must say at the outset that the judgment of the learned Sessions Judge suffers from one serious defect. It does not show what facts were found by him as to the incident which took place on 9th of September, 1953. He practically started applying the law without finding the facts of the incident resulting in this case. We have, therefore, to find the facts for ourselves before we consider the question of law undoubtedly involved in this case.

(3.) THE case started on the complaint of Jawanmal appellant which was made on 10th of September, 1953. There were five accused in the complaint and they were accused of offences under Sections 147, 323 and 448 of the Indian Penal Code. The case of Jawanmal was that he was owner of certain house in Mathania which he had purchased from his father-in-law Magraj in January, 1953. Since then he had been in possession of it either himself or through tenants. On 9th of September when Jawanmal was at the house, five persons, namely, the four accused Mt. Bhanwari, Champalal, Hukmi-chand, Bhika and one more person mt. Kishni came to the house with the common object of assaulting him. They wanted to enter the house, but he objected. On this he was beaten with fists and slaps. Thereafter these people entered the house without his permission and took possession of it illegally arid threw out his goods.