GUDDU RAKESH Vs. STATE OF M P

JUDGEMENT

(1.) This revision is directed against the judgment dated 21.9.1999 passed by 2nd Additional Sessions Judge, Jabalpur in Sessions Trial No.4 73/96 convicting the applicant under Section 323. I.P.C. and sentencing him to 28 days of rigorous imprisonment already undergone by him during the pendency of the trial.

(2.) The case of the prosecution is that on 18-9-1995 Badriprasad along with his niece Mst. Ganqotri Bai was grazing cattle. The cattle strayed and entered the field belonging to the applicant. On this score altercation between the applicant and the other co-accused Tikku with the complainant and her niece took place. On account of the altercation the applicant caused simple injury to the co m p Ia in ant.

(3.) The defence of the applicant and co-accused persons was that the cattle were deliberately allowed to enter the field belonging to the applicant for the purpose of causing damage to the standing Soyabeen crop in the field. It was also alleged that upon remonstration by the accused persons the complainant used Lathi and tried to assault them and, therefore, in defence of person and also private property of the accused persons the applicant caused injuries to the complainant.