IN RE: JOSEPH ALIAS DURAIN Vs. STATE

JUDGEMENT

(1.) THIS revision petition is against conviction and sentence. The background of of the case is as follows:

(2.) THE victims and the accused are neighbours having adjacent lands. There was a dispute regarding diversion of water from the channel by P.W.2. A wordy quarrel ensued which immediately was followed by some injuries inflicted by the accused on the bodies of P.Ws.1 and 2. He was charged for an offence under Section 324, I.P.C. for causing injury on the body of P.W.1, and for an offence under Section 362, I.P.C. for causing injury on the body of P.W.2. The trial court convicted the accused for offences he was prosecuted and sentenced him to suffer imprisonment and to pay fine. The same was confirmed by the appellate court.

(3.) IN the result, the revision petition is allowed in part with the following modifications in conviction and sentence. The conviction under Section 326 for the injury on the body of P.W.2 is modified into one under Section 324 . The conviction under 324 for an offence of causing injury on the body of P.W.1 is confirmed. The sentence imposed by the courts below are set aside and the Petitioner is sentenced to pay a fine of Rs. 500/ - for each of the two offences within two months from the date of receipt of the order by the courts below; in default he will undergo two months rigorous imprisonment for each of the offences.