RAM KISHAN Vs. STATE

JUDGEMENT

(1.) The applicant Ram Kishan has been convicted under Sections 325 and 379, I. P. C. and has been sentenced to a fine of Rs. 50/- under Section 379, I. P. C. and to 6 months' rigorous imprisonment under Section 325, I. P. C. by a First Class Magistrate of Jalaun, which conviction and sentence has been upheld in appeal by the learned Sessions Judge of Orai.

(2.) It appears that the applicant and three other persons were found stealing the crops of one Sher Ali. When Sher Ali came to know of it he went to his fields and challenged the applicant and his companions. They threatened to beat him. He then went to the Sarpanch Budh Singh and reported the matter to him. Budh Singh sent for the applicant who had taken the bundle of stolen crops to his house. It is said that the applicant admitted before the Sarpanch that he had committed the theft of the crop. Thereupon Eudh Singh sent for the chowkidar Sikandar Ali and asked him to take the applicant to the police station. While the applicant was being taken there he, on the instigation of his companions, started beating Sikandar Ali and ultimately bit his nose with his teeth.

(3.) The applicant admitted in his statement] that he bit the nose of Sikandar Ali but stated that he did so in his self-defence.