PYARE LAL Vs. STATE OF U P

JUDGEMENT

(1.) KUNDAN Singh, J. This revision is directed against the judgment and order dated 3-7-1984 of IVth Additional Sessions Judge, Etah, dismissing Criminal Appeal No. 15 of 1984 and maintaining the conviction and sentence of the applicants under Section 325, I. P. C. which was awarded by the 1st Additional Munsif Magistrate, Kasganj, District Etah by his order dated 7-1-1984 in Criminal Case No. 165 of 1982.

(2.) ACCORDING to the prosecution Ram Swarup complainant was working at his field situated in village Nagla Sanvar within the police circle of police station Kasganj, District Etah. He found that the applicants were digging the earth from the field of complainant and throwing it in their field. When the complainant protested the act of the applicants, they started beating Ram Swarup. On the alarm raised by the complainant, his brother, Shiv Narain, and son Laturi attracted to the scene of occurrence and they rescued the complainant. The accused applicants also assaulted them.

(3.) THE applicants have suffered lot of mental agony since June 1981 and already undergone about two weeks imprisonment. THE learned counsel requested on behalf of the applicants that the sentence of two months awarded under Section 325, I. P. C. be reduced to the period already undergone and the amount of fine may be enhanced which would not amount to enhancement of sentence.