MOHAN BANJARI Vs. EMPEROR

JUDGEMENT

(1.) . 1. Mohan has been convicted under Sections 147 and 326, I. P. C., and sentenced to one year's rigorous imprisonment and a fine of Rs. 100 for the offence under Section 147. Kaniram has been convicted under Section 147, I. P. C., and sentenced to nine months' rigorous imprisonment and a fine of Rs. 100. Charan-das, Dhansingh and Rekha have been convicted under Section 147 and sentenced to rigorous imprisonment for six months and a fine of Rs. 50 each. They now apply for revision. Four other persons were jointly tried with them ; of these Devi was discharged by the trial Court, and Bala, Hari and Rupsingh were acquitted on appeal.

(2.) BHAUSINGH (P. W. 8) was assaulted at about 5 p. m. on 30th April 1932 as he was returning home to his village of Palodi. He was severely beaten and half his nose was cut off. He made a report at Asegaon station house, 12 miles away, at 9 a. m., on the following morn" ing in which he stated that Mohan, Devi, Rekha, Surya, Dhansingh, Charan, Kaniram, Rupsingh and Bhikya had committed the assault. He was examined by the Assistant Medical Officer at the Mangrulpir hospital, P. W. 10, on the same day, and the evidence of this witness shows that Bhausingh had received 14 lathi blows and two incised wounds. The two incised wounds were the severing of the nose and a cut on the right little finger, apparently received in trying to save his nose.

(3.) IT is also admitted that Bhausingh's wife was suspected of a liaison with a Mahomedan forest guard, and it has been suggested that Bhausingh was beaten by Mahomedans in order to deter him from interfering with the forest guard, and that as he was assaulted by persons whom he did not know he decided to take the opportunity to implicate the five applicants with whom he had quarrelled. It seems to me in the highest degree unlikely that, if he had been so severely beaten by Mahomedans, he would have immediately implicated the applicants rather than the persons who assaulted him, as, even if he and his companions did not know any of the assailants, there would be a fair chance that they would be able to identify some of them.