BALU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE facts leading to the prosecution of the accused -petitioner lie in a narrow compass : On August 16, 1971, according to the prosecution, the accused -petitioner trespassed into the land bearing Khasra No. 275, situated in village Banki, which was in possession of Stat. Malia.

(2.) IN support of its case the prosecution mainly relied upon the testmony of Malia PW 1. The trial court accepted her evidence and convicted the accused -petitioner and sentenced him to undergo rigorous imprisonment for four months and to pay a fine of Rs. 200/ -, for the offence under Section 325 Indian Penal Code. On appeal the sentence was reduced.