KISHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDINARILY this court does not go into the facts in revision. How ever, the facts and circumstances of this case persuades me to reappreciate the evidence. According to Jor Singh PW 1 he was beaten by the petitioner by slaps and "danda" mercilessly and the pair of his moustaches were also pulled out. This is stated to have done after Jor Singh was arrested by the petitioner in connection with a case registered in pursuance of a First Information Report lodged by Uda Ram, Jor Singh was produced before the Magistrate on remand and was represented by a lawyer. He did not make any complaint about this alleged beating before the Magistrate. In his application for bail also such a fact was not mentioned. The extent of beating stated by Jora Ram in his evidence must have left marks of injury on his body. He did not met his alleged injuries medically examined. All these facts and circumstances topples the case of the prosecution.

(2.) I allow this revision, set aside the judgment of the Additional Sessions Judge No. 2 Jodhpur dated August 21, 1980 and acquit the petitioner for the offence under Section 323, IPC. His bail bonds are revoked and be need not surrender. Fine, if deposited will be refunded.