GADDAR Vs. STATE

JUDGEMENT

(1.) THIS is a revision against the decision of the learned Sessions Judge, Bharatpur, dated 31st of July, 1953, by which he altered the conviction of the petitioners Gaddar and Ramhet from one under section 147 of the Indian Penal Code, and reduced the sentence from three months' rigorous imprisonment to a fine of Rs. 25/- each.

(2.) THE case for the prosecution is very simple. THE complaint Behari Lal had his cattle tied on a plot of land which belonged to him. Chajju came some time later, and after untying the cattle of Behari Lal, tied his own cattle at the spot. When Behari Lal came, he untied Chajju's cattle and again tied his own. This led to a verbal alteration between Behari Lal and Chajju, and Chajju told Behari Lal that he would be made to suffer the consequences for the quarrel. About an hour later Chajju is alleged to have come with more than 20 persons, including the petitioner Gaddar and Ramhet, and gave a beating to Behari Lal and some others who were there. A report was made to the police, and 22 persons were challaned, and while some were discharged, the trial proceeded against five persons, and while the rest were acquitted, Gaddar and Ramhet were convicted under section 148 of the Indian Penal Code, and sentenced to three months' rigorous imprisonment. THEy, were also convicted for an offence under sec. 323 of the Indian Penal Code, and sentenced to one month's rigorous imprisonment. THE sentences were to run consecutively. On appeal, a compromise was filed by the complainant on the charge under section 323 of the Indian Penal Code, and the petitioners were acquitted. THE other conviction under section 148 was altered, and sentence reduced, as above