MOOLIA Vs. STATE

JUDGEMENT

(1.) THIS is an application for revision by Moolia who was convicted by 'the Magistrate, II Class, Mandawar under sec. 325 of the Indian Penal Code and sentenced to four months' rigorous imprisonment. He was challaned by the police Mandawar along with Ram Rikh, Nanda, Ram Saroop and Umrao under sec. 325 and 147 of the Indian Penal Code.

(2.) THE case against the accused was that Sheo Narain and Sirya who were real brothers were engaged by the villagers of Bhangada to graze their cattle and keep watch over them. On the 7th January, 1949, Sheo Narain rounded up some cattle which were found damaging the crops and when he was taking them to the village, accused met him breaking stones under the hill. Siriya the other brother of Sheo Narain had reached there by this time. THE accused told them not to take away the cattle, but they replied that they were paid by the villagers to keep watch over their crops, so they would not release the cattle. On this the accused assembled and attacked Sheo Narain and Siriya with lathies and sabli and inflicted injuries on them. When an alarm was raised, some persons reached the place and saved Sheo Narain and Siriya from the violence of the accused. A report was lodged by Sheo Narain at the Police Station, Mandawar under sec. 325/147 Indian Penal Code against the five accused. Investigation was taken in hand, and it was found on medical examination that Siriya had one grievous injury on his right leg. Both Siriya and Sheo Narain were found to have some minor injuries. THE case was ultimately challaned in the court of the Magistrate, II Class, Mandawar. THE accused denied the charge and pleaded that the case was an outcome of enmity. THE learned Magistrate, however, framed a charge under sec. 325/147 Indian Penal Code against the applicant Moolia and against the other four accused, he framed a charge under sec. 323/147 Indian Penal Code. Ultimately, only the applicant was convicted under sec. 325 Indian Penal Code and sentenced to four months' rigorous imprisonment. THE other accused were acquitted.