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1997 Supreme(Raj) 1421

M.A.A.KHAN
State of Rajasthan : Banwari Lal – Appellant
Versus
Sanwal Ram : Sanwal Ram – Respondent


For the Appellant:Mr. K.N. Shrimal and Mr. Rajendra Soni, Advocates.
For the State: Mr. S. Pathak, P.P.
For the Accused-Respondent:Mr. Jai Kishan Yogi, Advocate.

JUDGMENT

1. :- Appeal under section 378(1)(3) by the State of Rajasthan and Revisions under section 397/401 Criminal Procedure Code by Banwari Lal injured complainant are directed against the judgment and order dated 18.10.84 whereby the learned Judicial Magistrate Kishangarh Bas (Alwar), in criminal case No. 94 of 1981 State Vs. Sanwan Ram and ors. , acquitted the respondents of offences under section 147, 353 and 332 Indian Penal Code and, in-stead, held them guilty of offence under section 323 Indian Penal Code and released them under section 4(1) of the Probation of Offenders Act 1960 to keep peace and be of good behaviour for a period of one year. The respondents, reportedly, did not challenge such order before appellate or revisional court.

2. Relevant facts are these:

On July 9, 1981 PW1 Mahendra Bhardwaj, Deputy Distt. Education Officer, Boys Education, Rajasthan (DEO) had gone to inspect Govt. Higher Primary School at Rajwada under Police Station Mundawar in District Alwar, PW1 Banwari Lal was working as Head Master at the said institution at that time. When the too were busy in conducting the inspection business the present respondents alongwith 50 or 55 others reached the

































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