CHITTAR SINGH LODHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have been convicted under Section 325/34, IPC and sentenced to rigorous imprisonment lor three years and to pay a fine of Rs. l,000/-each.

(2.) THE prosecution case was that on 14-6-2001 Bhujbal Singh (P. W. 1) was ploughing his land known as "chandvarhar" at about 10. 00 a. m. At that time accused Chittar Singh, Gokal Singh and Malti Bai came there. Accused Chittar Singh asked Bhujbal Singh (P. W. 1) as to why he was ploughing his land. Both sides claimed that the land belonged to them. Accused Chittar Singh is said to have caused injury to Bhujbal Singh (P. W. 1) with a Katarna. Accused Gokal is alleged to have dealt a blow of rod on him and accused Malti Bai caused injuries to him with a stick. The incident was witnessed by Smt. Shivrani (P. W. 2) and Gulai (P. W. 4 ). Bhujbal Singh (P. W. 1) lodged the report (Ex. P-1) at Sanodha Police Station on the same date at 12 noon and he was sent to the hospital for medical examination. After investigation the charge-sheet was filed.

(3.) THE defence of the accused persons was that the land in dispute was in their possession and they had the right of private defence of property and person.