LADILI PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) THIS Criminal Revision is directed against an order of Sri K. K. Sharma, Ilnd Addl. Sessions Judge, Mathura dated 6-1-81 by which he has convicted the revisionists Ladili Prasad and Ras : Bihari under Section 352 of the Indian Penal Code and has sentenced them to pay a fine of Rs. 50/- each in default to undergo rigorous imprisonment for one; month.

(2.) THE case against the applicants was that on 8-2-78 one Sri Govind Prasad Amin accompanied by one Sri Ram Pratap Maurya and his peon went to the applicant Ladili Prasad for recovery of certain dues against him. It is said that when Ladili Prasad was taken into custody on the strength of a warrant of arrest, his son Ras Bihari and others came and assaulted the Amin and rescued Ladili Prasad from the custody of Amin. THE accused denied the allegations and contended that they were falsely implicated. THE Magistrate before whom the case was tried found the appellants guilty under Section 332 IPC. On appeal the learned Sessions Judge converted the conviction under Section 332 into one under Section 352 of the Indian Penal Code and also reduced the sentence passed against the applicants. THE applicants feeling aggrieved have filed this revision.