RAM CHARAN AND ANOTHER Vs. STATE THROUGH RAGHUBAR

JUDGEMENT

(1.) THIS is an application in revision against an order passed by a Canal Magistrate, District Etawah, convicting the Applicants Under Section 70(1) of the Northern India Canal and Drainage Act, 1873, sentencing each one of them to a fine of Rule 15/ - . They went up in appeal to the Sessions Judge but the conviction and sentences of the Appellants were maintained. Hence this application in revision by them.

(2.) THE case arose out of a complaint filed by one Raghubar that he had a right to get his field irrigated by making use of canal water through a watercourse which ran along the western mend of the field of Ram Charan and Jagannath and that this water course was demolished by them.

(3.) ON an appraisal of the evidence produced in the case and also on the basis of the local inspection, the Magistrate came to the conclusion that a water course did exist along the western mend of the present Applicants and that it was demolished. On these findings the Applicants were convicted and sentenced as aforesaid.