SUKHAI AND OTHERS Vs. STATE AND ANOTHER

JUDGEMENT

(1.) THIS revision is directed' against an order of the learned Civil and Sessions Judge, Saharanpur, upholding on appeal the applicants conviction Under Sections 426/506, I.P.C. and Section 24 of the Cattle Trespass Act. Each of the applicant has been sentenced to a fine of Rs. 20/ - Under Section 426, IPC, in default to two weeks' rigorous imprisonment. They have been further sentenced to a fine of Rs. 20 each Under Section 506, I.P.C. and to a fine of Rs. 30/ - each Under Section 24 of the Cattle Trespass Act and to undergo one month's rigorous imprisonment and two weeks' rigorous imprisonment in default of payment of the fines under the aforesaid two counts.

(2.) ONE Samay Singh filed a complaint against the applicants alleging that they had his chari crop destroyed by getting it grazed by their buffaloes and bullocks and that they had also cut and removed a portion of it, and when the complainant interfered they tried to attack him with lathis.

(3.) THE case was tried summarily by a Special magistrate First Glass, Saharanpur. The version of the prosecution was supported by the complain ant himself and the four witnesses. The magistrate also made a local inspection of the spot. It appears that although the complaint was filed on 27.9.1960, for some reason which is not clear on the record the learned Magistrate recorded his judgment of conviction on 28. 8. 1962, i. e. about two years after the date of occurrence. In his judgment he has also relied for holding the charge established against the applicants, on the observations which he had made at the time of his local inspection.