1. - This is a revision application directed against the judgement of the learned Additional Sessions Judge No. 2 Jaipur City, dated August 3, 1971 whereby he partially maintained the judgement of the learned Additional Munsif Magistrate No. 4, Jaipur city, convicting the two applicants Kana and Ramnath before me, as under:-

1. Kana :

u/s 325 IPC sentenced to 3 months RI and a fine of Rs. 100/-, in default, one month RI u/s 451, Indian Penal Code sentenced to 3 months RI and a fine of Rs. 100/-, in default, one month RI.

2. Ramnath : u/s 323, Indian Penal Code sentenced to 1 month RI and a find of Rs. 100/-, in default, one month RI

u/s 451, Indian Penal Code sentenced to 1 month RI and a fine of Rs. 100/-, in default, one month RI.

2. The circumstances which have led to this revision application briefly stated are these.

3. The ladies belonging to the party of the applicants and that of the complainant had some quarrel on November 5, 1965 but it was a mere wordy warfare and that arose on account of the fact that certain cattle had trespassed, but this was enough to provide the bone of contention. At about 10-11 p.m. in the night when complainant Chootu and his son were sleeping