G.K. SHARMA, J.—The State of Rajasthan has preferred this appeal against the judgment dated 29-8-74 passed by the Addl. Sessions Judge, Tonk, by which he acquitted the accused-respondent from the offence under Section 307, IPC, but found him guilty for the offence u/s. 323, IPC only. He, therefore, ordered the accused to be released on probation.

2. According to the prosecution, there was a public way which was going from village Anwan to Sitapur, which was obstructed by the accused Bajranga. He cultivated that portion of the public way illegally. A village panchayat was called in this respect, which was attended by Kalyan also. On 28-11-73 Mst. Nathi was coming back from her field in the evening to the village. A calf went into the disputed field. Bajranga abused Mst. Nathi and inflicted Jeli blows on her head. Kalyan. who was coming on cycle got down and tried to rescae Mst. Nathi. Bajranga then inflicted severe blows by Jeli on the head of kalyan also. On this Chouthmal, Ramdev and Lallu intervened. Hiralal then lodged an oral report of this incident at the police station. The injured were shifted to the hospital and were medically examined. After completing the investigation, th

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