SAHADEO Vs. JAGANNATH KASHINATH

JUDGEMENT

(1.) The applicants Sahadeo and his brothers Mahadeo and Krishna were convicted and eaoh sentenced to pay two fines, each of Es. 25, Under Secs.852 and 448, Penal Oode by the Third Class Magistrate, Nagpur. They then filed an appeal in the Court of the Appellate Magistrate, Nagpur, who on 28 September 1948 after the receipt of the record passed the following order: None present. Record perused. Copy of the judgment also has not been Sled as ordered on 30 July 1948. The appeal is dismissed summarily. The L. C. be informed. The applicants have now come up in revision to this Court for the revision of the order of eon. victions and sentences or the remand of the case to the lower appellate Court for a hearing on merits.

(2.) The case briefly stated against the appli. cants was as follows. Shrimati Yenu, daughter of Jagannath (P.W. 1.) was married to the applicant Sahadeo, but had stayed with her father from 80 May 1947 when she waa beaten by her husband. On 2 June, 1947, Jagannath had left his house in the morning and when he returned at about 10-30 A. M., he saw goondas standing outside the compound and Sahadeo dragging bis daughter by force. He accordingly rescued her, but in the afternoon when he was Bitting with his nephew Laxman, the three applicants, who were accompanied by goondas, entered his compound and Sahadeo attempted to enter the house but was obstructed by Jagannath. At this point, the applicants Mahadeo and Krishna came forward and when Jagannath had obstructed Sahadeo who waa trying to break open the door, Sabadeo caught him by the neck while Mahadeo and Krishna pulled him down and slapped him.

(3.) Sahadeo in examination admitted that be had gone to Jagannath's house at about 10-30 a. m, on 2 June, 1947, but claimed that he had done bo because his wife and Jagannath had in. vited him and he denied that he had on that occasion dragged his wife, He also denied that ha had returned to the house at ahout 8 p. m. on the same day. Mahadeo and Krishna disclaimed all connection with the occurrence, Four witnesses were examined in defence.