Amaresh Kumar Singh, J. - (1.) Heard the learned counsel for the petitioner and the learned Public Prosecutor for non-petitioner No. 3 and perused the orders passed by the courts below.
(2.) The facts of the case maybe briefly stated as below : Magna Ram non-petitioner No. 1 is the father of the petitioner Ram Niwas and Anna Ram non-petitioner No. 2 is the brother of the petitioner (Ram Niwas). Magna Ram filed an application under section 125 Cr.P.C. in the Court of learned Civil judge and Additional Chief Judicial Magistrate, First Class, Deedwana, for grant of maintenance allowance to him on the ground that he had no means of subsistence and his son Ram Niwas was financially in, a position to provide him maintenance allowance. Anna Ram is the second son of Magna Ram and he was also impleaded as a party but he did not file any written statement in the Court of learned Additional Chief Judicial Magistrate. Only two witnesses Magna Ram (PW 1) and Narpat Singh (PW 2) were examined in the Court of learned Additional Chief Judicial Magistrate. Ram Niwas (petitioner) and Anna Ram (non-petitioner No. 2) against whom the application under section 125 Cr.P.C. had been filed did not produce any evidence during trial.
(3.) After considering the statements of Magna Ram (PW 1) and Narpat Singh (PW 2) the learned Additional Chief Judicial Magistrate came to the conclusion that Magna Ram (non-petitioner No. 1) was 81 years old and that the possession of his property including fields and houses had been taken over by his son Ram Niwas (petitioner) and, therefore, Magna Ram had no means of subsistence. Consequently, the learned Additional Chief Judicial Magistrate granted maintenance allowance to Magna Ram at the rate of Rs. 500 /- per month and this maintenance allowance was made payable by Ram Niwas (petitioner). The petitioner (Ram Niwas) preferred a criminal appeal No. 13/93 Ram Niwas v. Magna Ram & Ors. and the same was decided by the learned Additional Sessions Judge, Nagaur vide order dated 11.12.1993. The learned Additional Sessions Judge dismissed the appeal with cost and declined to interfere with the order passed by the learned Additional Chief Judicial Magistrate.;