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1980 Supreme(Ker) 213

U.L.BHAT
Ouseph – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

The unsuccessful appellants in Criminal Appeal No. 7/78 on the file of the Chief Judicial Magistrate, Thodupuzha, are the revision petitioners herein. The Judl. 2nd Class Magistrate, Thodupuzha in C.C. 631 of 1977 convicted them for an offence under Section 426 I.P.C. and sentenced them to pay a fine of Rs. 100/- each and in default to undergo simple imprisonment for 15 days each. They were acquitted of the charge under Section 291 I.P.C.

2. The de facto complainant examined as P.W. 1, in the trial court filed a complaint before that court on 10-10-1977 alleging that on the morning of 6-10-1977 the revision petitioners-accused, who are owners in possession of the paddy field lying adjoining the paddy field of P.W. 1 and at a higher level, cut open three sluices in the intervening bund and let out excess water from their field to the field of P.W. 1 and thereby inundated it and prevented him from carrying on agricultural work, as a result of which he sustained loss of Rs. 30/-. A complaint was forwarded to the Sub-Inspector of Police. Thudupuzha under Section 156(3) Cr.P.C. The latter registered a case as Crime No. 214/77 as per Ext. P. 4, F.I.R. under Sections 426 and 2















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