CHHOTEY LAL Vs. THE STATE

JUDGEMENT

(1.) CHHOTEY Lal. Chandra Sen, Misri Lal and Rameshwer have been convicted by the Temporary Civil and Sessions Judge, Hardoi under Sections 147 and 323, read with Section 149, I. P. C., Under the first count each of them. has been sentenced to rigorous imprisonment for six months.

(2.) IN short the prosecution case is that some parti land was lying to the west of the field of Bisram complainant of which Chhotey Lal appellant had taken possession. That previous to the day of occurrence Chhotey Lal encroached upon a portion of the adjoining field of Bisram and wrongfully constructed a Mend which was resented by Bisram. On the day of occurrence i. e., on 9 -1 -1968 at about 8 a. m. Bisram and his brother Ram Bharosey started demolishing this Mend when all the appellants arrived armed with lathis and started beating up Bisram and Ram Bharosey.

(3.) FOR the foregoing reasons I hold that the appellants have not committed any offence. I allow the appeal arid set aside the convictions and sentences passed against the appellants. They are on bail. Their bail bonds are discharged. They need not surrender to the same.