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1981 Supreme(Raj) 412

K.BHATNAGAR
Ram Swaroop – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - Petitioner Ram Swaroop along with one Radhey Shyam had faced trial for the offence under sections 447, 324 and 325/34 Indian Penal Code in the Court of Munsif and Judicial Magistrate, Jahazpur. The complainant had quarrels with the petitioner and Radhey Shyam in connection with agricultural land. It was alleged that on September 1, 1972 these two persons trespassed the field in dispute and complainant Dhan Raj while restraining them from cutting the grass was given a beating with lathi by the petitioner and axe by Radhey Shyam, Dhan Raj lodged a complainant with the Police and the accused petitioner Ram Swaroop and co-accused Radhey Shyam were challan in the Court of the learned Magistrate, Jahazpur. The learned Magistrate on trial held Radhey Shyam guilty for the offence under section 324 Indian Penal Code-and sentenced him to six months rigorous imprisonment and a fine of Rs. 100/-, in default of payment of fine to undergo one months rigorous imprisonment. Ram Swaroop petitioner was held guilty for the offence under section 325 Indian Penal Code and sentenced to nine months rigorous imprisonment and a fine of Rs. 200/-, in default of payment of fine to undergo two m













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