Ranawat, J.—These are two appeals by Birdha and others from the judgment of the Additional Sessions Judge of Kishangarh dated the 28th of October, 1957, convicting the four appellants under sec. 333 I.P.C. and sentencing Devkaran, Sahadev and Birdha to 2 years rigorous imprisonment each and Sarwan to 6 months rigorous imprisonment.

2. The prosecution case was that Johari P.W. 1 was a Forest Guard having protected forest of Mohanpura under him On the 25th of October, 1956, he went to village Khatoli from Kishangarh and on his way back he passed through the protected forest of Mohanpura-ki-ghati at about 10 a. m. He saw cattle grazing in the protected forest and as no cattle were allowed to graze in that area he tried to round them up. The accused Devkaran and others drove the cattle out side the boundaries of the protected forest in order to prevent their seizure Davkaran then grappled with Johari and made him fall down on the ground). He sat on the fore-part of Joharis body and by that time the other accused persons Birdha, Sarwan and Sahadev who were also with the cattle, came near them. They were asked by Devkaran to beat Johari and they accordingly started beating him by sticks and hit several blows on his legs. Suwa Jat, Suwa Regar and Ganga Singh happened to come there from different directions and then they saw Johari being beaten by the accused they raised an alarm and challenged the accused persons, who there upon left Johari and ran away Johari was then made to sit on a pole and carried by Suwa Jat, Ganga Singh and others to a place called Haria Nada from where he was taken to Yagya Narain Hospital, Kishangarh where he was admitted as an indoor patient. Harish Chander Forest, Ranger,Kishangarh having come to know about the beating given to Johari went to see him at the hospital, and after enquiring from him lodged the first information report at the police Station, Kishangarh, in which Devkaran, Birdha and Sarwan were named as the accused and one more person was started to have taken part in the beating whose name Johari did not know. The police took up the investigation and arrested Devkaran and three others. On medical examination, the doctor suspected that one of the bones of Joharis leg was fractured. He therefore, sent him for X-ray examination to Ajmer and it was confirmed by the X-ray examination that one of the bones of his leg had been broken. The police challanged all the four accused appellants to the Court of the Sub-Divisional Magistrate, Kishangarh, who committed them to session, to stand their trial under sec. 333 I.P.C.

3. The defence of the accused was that Johari went to Devkaran in the field of Jairam in village Sardar Singh-ki-dhani and demand ad money for drinks and on Devkaran refusing to comply with the demand, he grappled with him. The cattle of the accused were driven away by Suwa Jat. The accused did not admit that their cattle had trespassed into the protected forest or that they gave a beating to Johari.

4. The learned Sessions Judge believed the testimony of the prosecution witnesses, Johari, Suwa Jat, Suwa Regar, and found that it was established that Johari saw the cattle of the accused grazing in the protected forest of Mohanpura-ki-ghati and when he wanted to round them up the accused Devkaran grappled with him and made him fall down on the ground and the other accused came to the assistance of Devkaran and gave a beating to Johari with lathis breaking one of the bones of his leg. It was also held that Johari was a public servant and that he was discharging his duty in rounding up the cattle when he was given a beating by the accused persons. All the four accused were, therefore, convicted and sentenced as noted above.

5. Mr. Dutta for the appellants urged that the finding of the lower court was wrong that Johari was beaten by the accused persons in the area of the protected forest of Mohanpura-ki-ghati. According to the learned counsel the beating if any, was given in the field of Jairam,

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