SURESH AND OTHERS Vs. STATE OF MP

JUDGEMENT

(1.) This revision petition under Section 397 read with Section 401 of Cr.P.C. has been filed against the judgment dated 1.4.2016 passed by 11th Addl.Sessions Judge, Gwalior dismissing the Cri.Appeal No.80/2016 and confirming the judgment of the Judicial Magistrate First Class, Gwalior, dated 28.1.2016 passed in Cri.Case No.8178/2012 convicting the applicants for an offence under Section 325 of IPC each and sentenced to undergo one year RI and fine of Rs.500/- each and further imprisonment of three months each in case of default of payment of fine amount.

(2.) The prosecution case in brief is that on 11.8.2012 at about 4.00 pm, complainant Raju Sharma was grazing his cattle in his field, at that time, Manoj was putting grain (Bajra) in his field nearby the field of complainant.

(3.) Learned counsel for the applicants argued at length and submitted that the applicants have been convicted illegally while they have not committed any offence. Learned counsel further submits that the Courts below committed error in not properly appreciating the evidence, correctness of the finding, therefore, the impugned judgments are liable to be set aside in the revision. In alternative learned counsel submitted that the applicants have no previous antecedents and they will maintain a good behaviour in future. There was no previous enmity between the parties. The applicants have already served twenty three days jail sentence. Therefore, it was prayed that the sentence be reduced to the period already undergone by the applicants and the amount of fine may be reasonably enhanced.