JUDGMENT - This is a revision application filed by original accused Nos. 1, 3 and 4, from the order of the Sessions Judge at Ahmednagar in appeal upholding the conviction of the said accused by the Judicial Magistrate, First Class, Shrirampur, on July 13, 1967. The original accused No.2 was acquitted by the said Judicial Magistrate. On appeal to the Court of Sessions, the Sessions Judge whilst upholding the conviction of accused Nos. 1, 3 and 4, reduced the sentences of imprisonment passed against them to the period already undergone by them, maintaining the fine which was imposed by the trial Magistrate. It may, however, be mentioned that, on appeal, the Sessions Judge altered the conviction of accused No.1 to section 324 read with section 109, Indian Penal Code from section 324 read with section 34, under which the trial Magistrate had found him guilty. As far as accused Nos. 3 and 4 are concerned, he, however, upheld their conviction under section 324, Indian Penal Code.

2. The facts of the case are that one Nabisaheb Nizamsabeb was one of the co-owners of a plot of land bearing Survey No. 96/2 situated in the village of Ekalahari, and accused No.1 claimed to be in possession of

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