UDAYANATH DAS AND ANR. Vs. MADAN BARAD

JUDGEMENT

(1.) THIS revision is preferred against the judgment dated 1.8 -1983 of the learned J.M.F.C., Baramba '' in 1. C.C. Case No. 3 of 1983 convicting the Petitioners under Section 427. I.P.C. and sentencing each of them to pay a fine of Rs. 50/ -. in default, to undergo simple imprisonment for one month, with a direction that the fine amount if realised, should be paid to the complainant to compensate him for the loss suffered by him and also to meet the expenses incurred by him.

(2.) THE prosecution case is that in the evening of 11 -1 -1983, 15 to 16 heads of she -buffaloes belonging to Petitioner No. 2 Suresh Chandra Mohanty started damaging the biri crop of the complainant Madan Barad and as the complainant protested, the Petitioners abused him in filthy language and threatened to assault him with a lathi. On the complaint petition filed by the said Madan Barad against the Petitioners regarding the said occurrence, in the Court of the Magistrate on 12 -1 -1983. cognizance was taken against them under Sections 427, 504 and 352, I.P.C.

(3.) THE learned Magistrate, while holding that the prosecution had failed to establish its case against the Petitioners under Sections 504 and 352, I.P.C. convicted and sentenced them under Section 427, I.P.C.