SIDH NATH Vs. TRILOKI NATH

JUDGEMENT

(1.) This revision application is filed by Lala Sidh Nath against his conviction of an offence under Section 508, Penal Code.

(2.) The case of the prosecution was that a tamarind tree belonging to the opposite party, Lala Triloki Nath, was cut in August 1948 by the son of Lala Sidh Nath. There was some trouble about it and the tree was allowed to remain where it fell. On 16-9-1949, Lala Sidh Nath removed the tree to his house. On 18-9-1949, Lala Triloki Nath sent his men to the house of Lala Sidh Nath to get back the wood which Lala Sidh Nath had taken. Thereupon, Lala Sidh Nath who was sitting at the house of Raja Sri Bam went to his house, brought a gun and went towards the house of Lala Triloki Nath shouting abuses and inviting him to come out to meet the threat. Raja Sri Ram and Lala Prag Narain tried to stop him but in vain. Thereupon Lala Bhola Nath calmed Sidh Nath down and took away the gun from his possession.

(3.) A written report of this incident was made at the police station on the next day and the case was started. For the prosecution 6 witnesses of this incident were produced, namely, Lala Triloki Nath (P. W. 1), Lala Prag Narain (P. W. 2), Raja Sri Ram (P. W. 8), Lala Kailash Kishore (P. W. 4), Bhagwandin (P. W. 5) and Daya Shankar (P. W. 6). The trial Court found the offences both under Sections 504 and 506, Penal Code, established and sentenced Lala Sidh Nath to a fine of Rs. 75 in respect of each of the offences.