BADRI PRASAD Vs. STATE

JUDGEMENT

(1.) BADRI Prasad, Gur Prasad, Jagannath, Ram Prasad, Ram Singh and Mohammad Yakub were convicted by the Judicial Magistrate, Rae Bareili, for offence under Sections 147, 341/149 and 353/149, Penal Code. Under Section 147 they were sentenced to six months' rigorous imprisonment, under Section 341/149 to a fine of Rs. 50/- or one month's imprisonment each and under Section 353/149 to nine months' rigorous imprisonment each. On appeal the Sessions judge of Rae Bareili acquitted Mohammad Yaqub of ell the charges. The other convicted persons were also acquitted of the offence under Section 341/149, Penal Code. Their convictions under Sections 147 and 353/149 were, however, confirmed. The sentence under Section 147, penal Code was reduced to two months' rigorous imprisonment and that under Section 353/149 to three months' rigorous imprisonment. The sentences were to run concurrently.

(2.) BADRI Prasad, Gur Prasad, Ram Singh, Jagannath and Ram Prasad have preferred this revision application against their convictions and sentences passed upon them.

(3.) THE material facts lie within a short compass. Canal Kulaba No. 23 is at mile 2 of Maharajganj road in Rae Bareili district. A gul pertaining to this kulaba was removed from its original place and put in a different position by persons belonging to village Rasulpur at the instance of the gaon Sabha. Under orders from Radha Mohan Canal Overseer, Canal Mate Manohar Lal went to rasulpur village with some labourers, and when he was trying to remove the gul and place it again at its old position, the petitioners surrounded him and threatened to prevent him by show of force. Manohar Lal and the labourers got frightened and had to leave the place. On these findings, the petitioners were convicted and sentenced as already stated.