RAMEKWAL SINGH Vs. STATE

JUDGEMENT

(1.) The petitioners have been convicted under Sections 277 and 423, Penal Code. They were sentenced by the trying Magistrate to pay a fine of Rs. 60/- each, or, in default, to undergo rigorous imprisonment for one month under Section 277, Penal Code and to pay a fine of Rs. 25/- each, or in default, to undergo simple imprisonment for one month under Section 426, Penal Code. On appeal the Court of appeal below maintained the order of conviction passed under both the sections, but set aside the separate sentence passed under Section 420, Penal Code.

(2.) The case of the prosecution is that in village Musahari the complainant Musammat Dirnago Kuer has a house in front of which there is a 'sahan' and on that 'sahan' she has got her well. The petitioners who were offended against her for some reasons, dismantled the 'jagat' of the well and in their act of dismantling some portion of the 'jagat' also fell into the well. The petitioners are also alleged to have made the drain flow from their house into the well whereby the water of the well had been polluted.

(3.) The accused pleaded not guilty and alleged that they did not break any portion of the 'Jagat' or connected their drain with the well.