STATE OF M P Vs. JAGANNATH LOHAR

JUDGEMENT

(1.) THIS appeal under Section 378 (1) of the Code of Criminal procedure arises out of the judgment dated 25-9-1989 passed in Criminal appeal No. 42/88 by Sessions Court, Sidhi, whereby the Sessions Court has allowed the appeal of accused respondents and set aside the judgment dated 28-9-1988 passed by Judicial Magistrate Class-II, Sidhi in Criminal Case No. 79/88 by which the respondents were convicted for offence under Sections 325/34 of the Indian Penal Code and sentenced for three months rigorous imprisonment and fine of Rs. 300/- each, in default of deposit of fine further three months simple imprisonment.

(2.) THE prosecution case, in brief, may be mentioned : on 8-9-1983 at about 10 A. M. the ox of Jagannath (accused No. 1) was tied in his field by a long rope, so it reached the fields of Chindlal and started eating the crop. Butni (P. W. 3) daughter of Manbahore requested accused No. 1 to remove his ox from their field which he refused. Butni informed this to her father Chindlal. Chindlal went to the spot and while he was removing the ox, accused No. 1 came, uplifted and threw down Chindlal, sat on his chest and started beating. On listening the cry of Chindlal, his son manbahore reached the spot and when he was lifting his father from the ground, Sushila (Accused No. 2) wife of Jagannath, came with lathi and inflicted lathi blow on Manbahore as a result Manbahore sustained grievous hurt on his right hand.

(3.) THE Trial Court framed the charges. The accused abjured their guilt.