MASITA Vs. CHUNWA

JUDGEMENT

(1.) BOTH the opposite-parties having been served, this revision has come up for hearing today. It was admitted on the point of sentence only in respect of Masita and Babu. So far as Smt. Rasidan and Smt. Nafeesa are concerned, the Court below has already granted them the benefit of the Probation Act and at the time of admission of the revision, it was pointed out that they have been leniently dealt with.

(2.) OPPOSITE-party No. 1-Chunwa, though served has neither put in appear ance nor contested. So far as the revision on behalf of Smt. Rasidan and Smt. Nafeesa is concerned, it stands dismissed out-right.

(3.) FROM the judgments of the two Courts below, it appears that the dispute was in respect of a house which was occupied by Smt. Phundia and her husband Chunwa. Apart of this house was allegedly purchased by the present revisionists from one Buddhau and it appears that in order to enforce their right to enter into the house and to evict Smt. Phundia and her husband Chunwa these persons along with the wives of the revisionists, forcibly entered into the house and gave a beating with danda, fists and kicks to Smt. Phundia wife of Chunwa. The occurrence was seen by Chunwa who rushed to the help of his wife. Some other witnesses also came. The prosecution examined besides the injured Smt. Phundia, her husband Chunwa and one Abdul Wahid (P. W. 2 ). Their evidence was con sidered by both the Courts below. The injury report was also considered. At least the injury No. 1 which was a contusion of the dimension of 12 cms X 2 cms on the back of the injured, could not have been self inflicted. The doctor was also examined and the case was found satisfactorily proved.