VISHWA NATH Vs. STATE OF U P

JUDGEMENT

(1.) KUNDAN Singh, J. This appeal has been preferred against the judgment and order dated 29th October, 1980, passed by Sri S. N. Misra, the then II Additional Sessions Judge, Jaunpur, in S. T. No 97 of 1978, whereby all the appellants have been convicted under Section 436 read with Section 149 of the Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for one year.

(2.) THE prosecution case, in brief, is that Jokhai Pal has agricultural plot No. 3235 and another plot No. 3230, in which he had house. He was in possession over the aforesaid plots. In that connection a litigation was going on between him and Abdul Majid, During the pendency of the litigation Abdul Majid had sold the land to Abhiraj and Maggoo and executed a sale-deed in their favour At about 9. 00 a. m. on 23rd October, 1975 Kishore, Nihore, Jharihaq sons of Mahgi came with tractor to plough the same. When he objected, he was assaulted with lathis by them. Ram Lakhan Pal and Gonal, residents of Basdev Patti and other various persons attracted to the scene of occurrence on the alarm raised by him. Mahgi set his madahe on fire. THEy also cultivated the said plots.

(3.) THE prosecution examined in all four witnesses to prove its case. Out of them, Jokhai, PW-1, Gonal, PW-2 and Ram Lakhan, PW-3, are the witnesses of factum of incident; while Dr. R. P. Rastogi, PW-4, was examined to prove the injuries of the injured.