C. B. BHARGAVA, J.

( 1 ) THIS is a reference by the learned Additional Sessions Judge, Churu, recommending that the conviction of the accused namely Durgaprasad, Tilakraj, dharamvir and Mahavir who are railway employees be set aside. Each of them has been sentenced to a fine of Rs. 25/- under Section 120 of the Indian Railways Act by the First Class Railway Magistrate, Jodhpur.

( 2 ) THE learned Additional Sessions Judge has made the recommendation on the ground that the prosecution evidence is discrepant and does not establish the guilt of the accused. The learned Judge after discussing the prosecution evidence says that it has been not proved beyond all manner of doubt that the accused applicants gave beating to Jhumarmal or abused him. The learned Railway magistrate on the other hand has believed the statements of Jhumarmal and ranjitsingh and held that it is proved from their evidence that all the accused persons abused and beat Jhumarmal. In his opinion the evidence of these two witnesses was clear, convincing and consistent.

( 3 ) IN my opinion it is not necessary to go into the evidence in revision as the learned Magistrate has come to a finding that the evidence