PARYAG AND ORS. Vs. STATE

JUDGEMENT

(1.) This is an application for revision against the conviction of the Applicants by both the courts below.

(2.) The case for the prosecution was that on 8 -3 -1963 at about 3 p.m. all the Applicants acting together had dug a 3' wide channel on Narsan Iqbalpur PWD road. The defence was that the breach had been created on the road because of the flow of the water. Two witnesses, Raghubir Singh (DW1) and Raja Ram (DW 2), were examined in defence.

(3.) The courts below after considering the evidence on behalf of the prosecution and the defence in detail believed the prosecution witnesses, Devi Chand, Dharam Singh and Manglu (PWs. 1 to 3), who stated that they actually saw the four Applicants digging this 3' wide channel on Narsan Iqbalpur PWD road and disbelieved DWs. 1 and 2 when they stated that the road had been dug by the PWD men themselves. The very statement of DWs. 1 and 2 that the road has been dug by the PWD men shows that the defence allegation that the breach had been caused by natural overflow of water was false. The conclusion of both the courts below on the basis of the evidence of PWs. 1 to 3 that the breach was actually caused by the four Applicants is not unjustified or incorrect.