BRUNDABAN KAR AND 5 ORS. Vs. STATE

JUDGEMENT

(1.) THE Petitioners were convicted by the Magistrate, First Class, (Judicia), Aska, under Sections 447 and 148, Indian Penal Code, and each of them was sentenced to pay a fine of Rs. 100 under each of the sections, in default, to R.I. for one month each. Thus in all they were to pay fine to the tune of Rs. 1200 -. They appear to have been acquitted of the charge under Section 379, Indian Penal Code. The judgment is, however, silent about this charge. In appeal, the conviction under Section 148, Indian Penal Code against Bauri Reddy (Petitioner No. 2) and Gurunath Reddy (Petitioner No. 5) was) converted to one under Section 147, Indian Penal Code and their sentence was reduced to a fine of Rs. 60 - each only under this Court, in default, to R.I. for one month. The order of conviction and sentence passed by the learned Magistrate was otherwise confirmed.

(2.) PROSECUTION case is that the Petitioners with many others came in a body on 14 -8 -1963 and trespassed into the land which was in the possession of p.w.1. They prevented him from doing Bihuda operation, carried away his agricultural implements and bullocks and assaulted him. The defence is one of complete denial. The case of the Petitioners is that there was litigation between them and p.w.1 and the present case has been falsely foisted on them.

(3.) TO appreciate the contention the relevant portions of the two charges may be quoted