RATNESHWAR AND OTHERS Vs. STATE OF C.G.

JUDGEMENT

(1.) This Criminal Revision is directed against the judgment dated 26.7.2008, passed by the Additional Sessions Judge, Pendra Road, District Bilaspur in Cr. Appeal No.01/2008, by which, the learned Additional Sessions Judge has affirmed the judgment of Judicial Magistrate First Class, Pendra Road, Bilaspur, whereby, the Judicial Magistrate First Class, Pendra Road has convicted the accused/applicants in Criminal Case No. 75/2006 vide judgment dated 26.12.2007 under Section 294 of the Indian Penal Code and sentenced to pay a fine of Rs.300/- in default of payment of fine to undergo S.I. for 7 days to each of the applicants.

(2.) Brief case of the prosecution is that the complainant-Smt. Gayatri Chaturvedi was having 0.75 acres of land, bearing khasra No.800/2, Patwari Halka No.24 in village Devargaon. On 24.6.2004, at about 12.00 O'clock, all the accused persons went on that land and tried to cultivate it. The complainant went their and stopped them to cultivate the land. The accused persons abused in filthy language and threatened to kill her. Bhaddu Singh, Hemlal and Shyamlal saw the incident. K.M. Chaturvedi, husband of the complainant lodged a written report, on which, offence was registered and investigation took place. Statements of the witnesses were recorded under Section 161 of the Code of Criminal Procedure, 1973. Necessary seizures were made. After completion of investigation, charge sheet was filed before the Judicial Magistrate First Class, Pendra Road, Bilaspur.

(3.) The Judicial Magistrate First Class, Pendra Road framed charge under Sections 447, 294 and 506(B) read with Section 34 of the Indian Penal Code and read over and explained it to the accused/applicants, who abjured the guilt and took the defence that they were the owner of the land.