RAJARAM ALIAS RAJJU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE petitioners, named above have filed the present revision petition against the judgment delivered in Criminal Appeal No. 27/88 by virtue of which the judgment delivered on 8 -3 -1988 in Criminal Case No. 575/85 by Judicial Magistrate, First Class, Patan, Dist. Jabalpur of holding the accused guilty of the offences punishable under Sections 323 and 324 read with Section 34 (respectively) of the Indian Penal Code has been maintained and by reducing the quantum of sentence the petitioners have been sentenced to pay a fine of Rs. 1000/ - each or in default to undergo rigorous imprisonment for 3 months.

(2.) PROSECUTION case is that on 10 -11 -1985 at about 3 P.M. Rameshwar Prasad (P.W.I) was digging his field by means of a pickaxe. At that time Hathiram (accused No. 2) came there and forbade Rameshwar Prasad from carrying out the said agricultural operation in that portion of the said field, contending that the said portion of the said field belongs to him. At that time Mohan and Chhiddi came there and intervened in the incident. They suggested that the said persons should not quarrel and should get the field measured by some competent authority. All of them came to the house of Kamala Prasad where accused/petitioner Rajaram also came. He asked Rameshwar Prasad as to why he was digging in and, preparing, that portion of the field belonging to him.

(3.) AFTER recording evidence the trial court held accused Rajaram guilty for committing an offence punishable under Section 324 and held Hathiram guilty for committing offence punishable under Section 324 read with Section 34 of the Indian Penal Code. The trial court sentenced the accused to rigorous imprisonment for one year each and to pay a fine of Rs. 200/ - each or in default to undergo rigorous imprisonment for one month each.