ANWAR KHAN Vs. BHOOR SINGH
LAWS(RAJ)-1952-3-5
HIGH COURT OF RAJASTHAN
Decided on March 25,1952

ANWAR KHAN Appellant
VERSUS
BHOOR SINGH Respondents


Cited Judgements :-

RAMACHANDRA SAHU (DEAD) AND AFTER HIM DAMUNI SAHUANI AND ORS. VS. SUDARSAN DOMB [LAWS(ORI)-1987-8-43] [REFERRED TO]


JUDGEMENT

Bapna, J. - (1.)This is a revision against an order of discharge Of some of the accused in a case pending before the Sub-Divisional Magistrate of Jetaran.
(2.)Certain dispute arose as to the apportionment of rents of the 'Rabi' crop of Smt. 2004 between the Thakur of Nimbera and Bhoor Singh and, others, and on an application on behalf of the Thakur, and 'Amin' Hardeosingh and a Kanwaria Anwarkhan was appointed by the Executive Hakim of Jetaran by an order dated 30th March 1948. The instruction were that they were to have the grain of 'bera' Khera thrashed out and rents apportioned according to previous practice in the presence of the parties. He also issued notice to the opposite party in this respect. Anwar Khan Kanwaria made a report to the Hakim on 20th May 1943 that he was on duty at 'Bera' khera and got the grain thrashed out by 19th May 1948 and had put a seal on it and was guarding the grain for the purpose of apportionment, but on the night between the 19th and 20th May, Ram Singh and Takhat Singh, who were sleeping close by and were also keeping watch on the grain along with Bhoor Singh, Ganpat Singh, Mod Singh, Heer Singh and others, came to the spot. Ram Singh put a 'rait' on him and the others tied him with a rope and when he protested, Bhoor Singh threatened to kill him and thereafter the aforesaid persons took, away the entire grain. Ganpat Singh untied him in the morning. The Hakim forwarded the original report to the Sub- Inspector of Police Jetaran with directions to reach on the spot and proceed further according to law. The Sub-Inspector after investigation put up a challan against six accused, namely, Bhoor Singh, Ganpat Singh, Takhat Singh, Fateh Singh, Ram Singh and Mod Singh for offences under Sections 147, 342 and 424, I.P.C. The learned Sub-Divisional Magistrate, Jetaran; who enquired into the case, after recording the evidence for the prosecution and examining the Thakur of Nimbera as Court-witness, framed a charge against Bhoor Singh for an offence under Section 342, I.P.C., on 8th September 1950. He discharged the other accused. Anwar Khan filed a revision in the Court of Sessions Judge against the discharge of the five accused and for framing a charge under Sections 147, 424 and 342, I.P.C., against all the accused. That revision was rejected.
(3.)Anwar Khan has filed a revision to this Court, which is Revision No. 76 of 1951. The State has also filed a revision against the order of the Sub-Divisional Magistrate dated 8th September 1950 praying that a charge under Section 424, I.P.C., should be framed against all the accused. This is Revision No. 114 of 1951.


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