VIJAYA BAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These revisions are directed against the order dated 6-9-82 passed by the learned Judicial Magistrate, first class, No. 2 Bikaner whereby cognizance was taken against the present petitioners of the various offences and also against Uttam Chand and Hanuman for the offences u/Secs. 147, 336, 323 and 325, I.P.C. and charges were ordered to be framed against the accused petitioners Vishnu, Padamchand and Sohanlal for the aforesaid offences except offence u/Sec. 427 for which they were already charged.

(2.) Charge-sheet was presented against all the accused persons for the aforesaid offences after hearing arguments before charge. The petitioners Vijaya Bai and Jia Bai were discharged by the learned Magistrate on 3-10-80. The other accused petitioners in another revision were also discharged of the offences u/Secs. 147, 325, 336 and 323, I.P.C. and the three accused persons namely Sohanlal, Padamchand and Vishnu were charged for the offence u/Sec. 427, I.P.C. After recording plea of these three accused persons, the prosecution led evidence. The prosecution examined P.W. 1 Shantilal P.W. 2 Sampatlal. P.W. 3 Chhaganlal and P.W. 4 Durga Bai. On the application of the Assistant Public Prosecution the learned Magistrate passed the impugned order after taking into consideration the evidence of four witnesses recorded during the trial. Aggrieved against this order these revisions have been preferred.

(3.) I have heard learned counsel for the petitioners and learned counsel for the respondents and the learned Public Prosecutor.