LAWS(MPH)-1981-2-30

SHANKARLAL Vs. STATE OF MADHYA PRADESH

Decided On February 05, 1981
SHANKARLAL Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THIS is a revision against the order passed by the Sessions Judge, Guna in Criminal Appeal No. 123 of 1979, on 8-1-1980, which arose out of an order of conviction recorded by the Judicial Magistrate, First Class, Chachoda, convicting the petitioners Under Section 324 of the I. P. C, sentencing petitioner No. 2 to four months' rigorous imprisonment and releasing petitioner No. 1 on execution of bond of Rs. 1,000/-for six months Under Section 360 of the Criminal p. C, in Criminal Case No. 24 (5 of 1975.

(2.) THE facts giving rise to this revision are that the petitioners were tried for the offences Under Sections 325 and 342, IPC, on the allegations that they wrongfully confined the complainant Laxman and caused him grievous injuries. The case put. forward by the prosecution is that on 8-8-1975 at about 6. 00 p. m. the complainant Laxman (brother of the petitioner Shankarlal) was coming back to his house after cut-ing grass. On the way, petitioners met him and assaulted him. The complainant Laxman lodged the first information report about this incident on 10-8-1975 at 100 p. m. at the Police Station, Kunbhraj.

(3.) THE defence of the petitioners was that there were strained relations between them and the complainant for the last twenty years on account of agricultural land. They have not. committed any offence and have been falsely implicated.