Rajasthan Court July 1965 Judgments
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Mst. Budhia Vs. Chhotelal and ors.
Court: Rajasthan
Decided on: Jul-10-1965
Reported in: 1966CriLJ583; AIR 1966 Raj 122
I.N. Modi, J. 1. This is an appeal by special leave under Section 417(3) of the Code of Criminal Procedure against an order of acquittal passed by the Additional Munsiff Magistrate, Bayana, dated the 23rd October, 1963, acquitting the four accused respondents of offences under Sections 323 and 504 I. P. C. 2. Having regard to the conclusion to which I have come as respects the quality of the judgment produced by the trial Magistrate, it is not necessary to state the facts out of which this appeal has arisen at any great length. Suffice it to say that according to the prosecution on the 19th April, 1960, at about 5 or 6 P. M. the complainant Mst. Budhia's daughter Mst. Somoti was working in her field which was jointly held by the complainant and the accused respondents Chhotelal and Harisingh. It appears that a fence was being erected around a part of the field which had been cultivated by the complainant. But the accused Harisingh forcibly removed it. Thereupon Mst, Somoti raised an ou...