BALKISAN Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an appeal under section 374 (2) of the Criminal procedure Code against the order of conviction recorded by Sessions Judge morena, convicting and sentencing (1) appellant No. 1 under sections 353, 436 read with 34 and 506 (Part II) of the Indian Penal Code to one year rigorous imprisonment, two years rigorous imprisonment and fine of Rs. 50 and three months rigorous imprisonment respectively, (2) appellant No. 2 under sections 353 and 436 of the Indian Penal Code to one year rigorous imprisonment and two years rigorous imprisonment and fine of Rs. 50 respectively and (3) appellant No. 3 under sections 353 and 506 (Part II) of the Indian Penal Code to one year rigorous imprisonment and three months rigorous imprisonment respectively in Sessions Trial No. 101 /1977 through judgment dated 22-2-1978.

(2.) THE prosecution story, in short, is that the accused persons made construction over a portion of public lane in village Aenti. Ratanlal Vyas (P. W. 1), Additional Tehsildar, passed an order to demolish and remove that construction in Case No. 47/76-77 on 26-3-1977. In compliance of that order Rameshwardayal (P. W. 2), Nazir, visited the spot with four constables and some labourers. It is alleged that appellants Nos. 1 and 3 threatened them with guns and obstructed them. On receiving information, the Additional Tehsildar and the Station Officer reached there. The Station officer got the guns from the appellants No. 1 and 3. Thereafter Rameshwar (P. W. 2) started removing the construction. The prosecution story further alleges that all the accused persons objected and threw stones on the party which was with the Nazir. It is further alleged that all the accused persons threatened them and the appellant No. 2 set fire to the Karab lying in his house and threw the burning Karab outside his house and then all the accused persons ran away. It was further alleged that Gonda of Mahant Branda wan Das was damaged and one bullock received burn injuries. Rameshwar (P. W. 2) lodged the report about the incident.

(3.) THE appellants pleaded alibi. Their case was that they had gone to Karoli Mata.