PARBHU Vs. EMPEROR

JUDGEMENT

(1.) Parbhoo has been convicted by a Magistrate of the First Class, under his judgment, dated 16 February 1929, for an offence under Section 325, I.P.C., and sentenced to one year's rigorous imprisonment and a fine of Rs. 30 or one month's further rigorous imprisonment in default of the payment of fine. He had two confederates in Imam Uddin and Siraj Uddin who were convicted under Section 323, I.P.C., and sentenced to one month's rigorous imprisonment each. The case of these two is not before me.

(2.) Mahadeo, the complainant, is a servant of the zemindar of Rangpura. He found some cattle and goats belonging to the employees of the Phaphamau railway station grazing in the field of his master. He was driving off the cattle to the pound-house and when he got near the level crossing, Parbhoo Kahar the applicant, who is the Hindu water carrier at the Phaphamau railway station attacked Mahadeo, gave him a good thrashing, took one of the fingers in his mouth and bit the top joint completely off. His two associates took a minor part in this affair.

(3.) The defence put forward by Parbhoo was that the complainant was standing in the Phaphamau station with his hand on the window of a railway carriage when somebody shut down either the widow or the shutter with such violence that if cut off the complainant's finger, and that thereupon the complainant went off to the police station and concocted the story of the cattle trespass and rescue.