M.L. Jain, J. - (1.) THIS is an appeal by Ram Sawrai against the judgment of the Munsiff Magistrate, Nagaur dated 15.4.71 by which he acquitted the accused Badri, Prabhu, Gopal Hira, Khinya and Rekharam under section 147, 447 and 323 IPC. Mst. Ram Sawrai & Chuki filed complaints Ex. P5 & Ex. P6 before the Nyaya Panchayat, Chenar District Nagaur that they were beaten by the accused in Khasra No. 463 at 12 noon on 10.7.65. The Adhyaksha Chattar Singh PW 6 directed them to lodge a complaint in the court of the Magistrate First Class.
(2.) ON 15.7.65 Mst. Ram Sawrai & Mst. Chuki filed two complaints Ex. D3 and Ex. D4 in respect of the same occurrence that the accused came to the fled Khasra No. 463 and delivered lathi below to both of them. The case of the accused was that they were innocent and were falsely implicated because he accused and Kishan Lal husband of Mst. Chuki had a land dispute and further because there was enmity on account of elections. The medical reports were that Ram Sawrai received 12 injuries, and Mst. Chuki eight. All the injuries were simple and caused by blunt weapons. The eye witness of the occurrence were Dhanna PW 3 and Jainarain PW 4. The learned Magistrate found that both were chance witnesses Dhanna PW 3 had no land of his own near about and he maintained that he had gone to plough the field of some Ram Dayal but Ram Dayal was not produced. He could also not explain how it was that he went to the field of Ram Dayal whether on wages or in friendship Moreover, accused Rekha Ram had lodged a complaint under section 107 Cr.P.C. against the father of the witness and therefore, he was not expected to be an independent witness.
(3.) JAI Narayan PW 4 was the brother of Mst. Ram Sawrai and lived in Nagaur. The reason given by him of his presence on the spot was that be had gone to call his sister from the field. He had never been to that field before but in the second breath he said that be knew the field already and was able to reach the field straight. He also admitted that he once appeared in a case of theft on behalf of the complainant and against the accused.;