HARI RAM Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 2-3-1990 passed by the learned IInd Additional Sessions Judge, Tikamgarh, in Sessions Trial No. 57/88, whereby the accused appellants have been convicted under section 333/34 of the Indian Penal Code and sentenced to undergo R.I. for two years with a fine of Rs. 200/-, in default whereof, to undergo R.I. for one month.

(2.) SUCCINCTLY narrated, the prosecution case is that on the relevant date complainant V.K. Dubey, was posted as Manager Pashu Prajnan, Parikshetra Minora. This Parikshetra has 5000 acres of land and on the date of incident about 225 animals were there for animal husbandry and allied works. The appellants along with some other labourers, were engaged by the complainant on daily wages basis to carry out manual work in the Parikshetra. On the date of occurrence at about 9.15 A.M. complainant V.K. Dubey reached at the farm to supervise the work of labourers. Appellants and one woman, namely, Kesharbai were engaged in grass cutting. Complainant V.K. Dubey found that Kesharbai alone cut 15 bundles of grass while appellants could cut only 3 bundles each. Thus, the work done by the appellants was found to be thoroughly inadequate. At this, complainant V.K. Dubey expressed his displeasure and informed the appellants that as they did not work satisfactorily, they will not get the wages of that day. Their absence was also marked in the register and they were relieved of their duties. In enraged state of mind, the appellants left the farm.

(3.) ON 27-10-1985 an offence under sections 353 and 332/34, Indian Penal Code was registered against the appellants. On 5-11-1985 the duty certificate of complainant V.K. Dubey was produced by Dr. R.P. Gupta. After investigation, a charge sheet was filed and a charge under section 333/34 of the Indian Penal Code was framed against the appellants.