DEBI PRASAD Vs. STATE

JUDGEMENT

(1.) DEVI Prasad Applicant has been convicted Under Section 332 IPC and was sentenced to 18 months' RI under that section. In appeal the sentence was reduced to three months' RI.

(2.) THE prosecution case is that -the Applicant denied to pay some Canal dues. On 13 -10 -70 SDD canals, Dehradun had directed Ved Prakash, Patrol to collect dues from him and divert the flow of water if he failed to make payment. That order is Ex. Ka -2. On 20 -1 -70 at about 5 P. M. Ved Prakash (PW 3) went to the Applicant and asked him to pay the am aunt. When he did not pay he closed the low of water of the canal into the flour -mill of the Applicant. The Applicant started beating him with an iron rod, as a result of which Ved Prakash received injuries. Ved Prakash then lodged the FIR Ex. Ka -3. His injuries were examined by Doctor S.N. Dutta, Medical Officer on 21 -1 -70 at 12 -30 P.M. The doctor found the following injuries on his person:

(3.) THE Applicant denied the prosecution allegations. The lower courts, however, found the Applicant guilty.