MUNNALAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THE applicants were prosecuted for an offence under sections 324/34 and 325 of the Indian Penal Code for assaulting the complainant Prahlad and one Umashankar by means of Lathi on account of dispute over grazing the field of the complainant by she buffaloe by the applicant Munnalal. On a complaint lodged by the complainant Prahlad this case was registered and the police after investigation sent up the applicants for the trial of the offence under sections 324/34 and 325 of the Indian Penal Code.

(2.) THE learned trial Magistrate on consideration of the evidence convicted the applicants and sentenced applicant Munna to undergo R.I. for six months and to pay a fine of Rs. 2001 - and applicant Jagdish and Sugam to undergo R.I. for one year under section 324/34 I.P.C., applicant Jagdish was further sentenced to undergo R.I. for two years under section 325 IPC.

(3.) SHRI S.L. Kochar, learned counsel for the applicants, has contended that from the judgment of the appellate Court in paragraph 23 it would appear that the prosecution party members were the aggressor. In this view of the finding of the learned lower appellate Court the conviction of the applicants cannot be sustained. The contention of Shri Kochar is well founded.