- (1.) This S. B. Criminal Appeal No. 160/1979 was filed against the judgment dated 10-11-1978 delivered by Shri S. R. Bajwa, learned Additional Sessions Judge, Udaipur in Sessions Case No. 37/78 : State v. Hajari Lal and others. Leave to appeal was given by this Court against the acquittal of Hajari Lal and Kishan Lal and the same was refused in respect of the acquittal of Mangilal and Manakchand.
(2.) The facts of the case may be briefly stated as follows :- On 24-4-1978 at 11.30 p.m. Raju son of Khema lodged a first information report No. 72/78 at the police station, Gordhan Vilas, Udaipur. According to that report on 24-4-1978 in the evening after finishing his daily work Raj went to the hotel of Narain for taking tea. When he was taking tea in the hotel Dinesh son of Maganlal started weeping. Thereafter Raju went out of the hotel and proceeded towards Maganlal Harijan and saw that in front of the shop of Kanhaiyalal Mahanjan Hajari son of Veniram, Krishna son of Veniram, Mangilal son of Ganesh Khatik, son-in-law of Veniram and Mohini wife of Manak Khatik were assaulted Magniram alias Maganlal son of Shivlal by lathies and Dharia. Hajari was armed with dharia, Mangilal was armed with a stick, Manak was armed with a hockey stick, Mohini was armed with a stick whereas Kishna caught hold of Maganlal by neck. It was alleged in the first information that Maganlal was given dharia blows on his forehead, waist and stomach, Mangilal inflicted lathi blows to Maganlal and Manak and Mohini also inflicted lathi blows on Maganlal Khyalilal and Dhaluba were named as eye-witness. After the incident the assailants were to the shop a Mangiram's wife and Bhanwarlal took Maganlal the hospital. Maganlal was thereafter taken to the hospital at Udaipur and was admitted there. On the basis of the first information report given by Raju the police registered a case under Sections 147, 148, 149 324 and 323, I.P.C. and started the investigation After the investigation the police submitted a report under Section 173, Cr. P.C. against Hajarilal, Kishanlal, Manakchand, and Mangilal alleging the commission of offences punishable under Sections 307 and 323 read with Section 34, I.P.C.
(3.) Learned Judicial Magistrate No. 1, Udaipur took cognizance of the offence and committed the case to the Court of Sessions Judge, Udaipur who transferred the case to the Court of Additional Sessions Judge, Udaipur.;