NARAYAN SAHOO AND ANR. Vs. SRINIBAS SAHU

JUDGEMENT

(1.) THE Petitioners have been convicted under Section 323, Indian Penal Code and sentenced to pay a fine of Rs. 25/ - each, in default to undergo R.I. for ten days.

(2.) PROSECUTION case is that on 3 -12 -1965 the Petitioners along with others cut and removed paddy from plot 1468 which was in the possession of the complainant and in which he grew the crop. While the paddy was being cut, the complainant came and obstructed. The Petitioners assaulted him. The defence is that the Petitioners are in possession and had raised the crop. The complainant with some of his witnesses assaulted the Petitioners for which they started a criminal case and the complaint a regarding assault in this case is a counter blast.

(3.) MR . Misra does not assail the finding on assault but contends that when the Petitioners grew the crop, the learned Magistrate should have held that they had the right of private defence of property. The contention has no force in the facts and circumstances of this case.