Sunil Kumar Garg, J. - (1.) This appeal has been filed by the State of Rajasthan against the judgment and order dated 25.6.96 passed by the Learned Civil Judge (Junior Division) cum Judicial Magistrate, Jodhpur Dist. Jodhpur, in Criminal Case No. 154/91 by which the learned Magistrate acquitted the accused-respondents for the offence under Sections 341, 323 and 325 I.P.C.
(2.) This appeal arises in the following circumstances : (i) That on 23.3.91, at about 11.30 a.m., PW. 3 Anwar Khan lodged a written report Ex. P/1 before the Police Station Dangiawas, Dist. Jodhpur stating that on the date one Sohan Lal soni was constructing latrine in front of his house and he was asked not to construct the latrine, upon which Sohan Lal called Hakim Khan (accused respondent), Pema Ram and Roopa Ram (accused respondent) and these persons started beating him and his family members. It was further stated in the report that the accused respondent Roopa Ram caught hold throat of his father Hussain Khan PW. 1 and accused respondent Hakim Khan started beating and upon this, wife of his younger brother Asgar, PW. 2 intervened, then Pema Ram also beat her, as a result of which she also fell down on the earth and thereafter Sohan Lal and Hakim Khan (accused respondent) beat her and his brother PW. 2 Asgar Khan and his father P.W. 1 Hussain Khan received injuries. (ii) On this report, police registered a case and during investigation, P.W. 2 Asgar Khan was got medically examined by Dr. PW. 6 Dr. Jagdish Jugawat. The injury report of P.W. 2 Asgar Khan is Ex. P/4 which shows that he received seven simple injuries, P.W. 1 Hussain Khan was also examined by PW. 6 Dr. Jagdish Jugtawat and his injury report is Ex. P/5 which shows that on right chest, there was tenderness. In his X-ray report, Ex. P/6 fracture of 5th rib was found and for that doctor P.W. 8 Dr. C.R. Agarwal has been produced.
(3.) After investigation, the challan was filed against both the accused respondent for offence under Sections 341, 323 and 325 I.P.C.;