BURN
Vadavalli Narasimha Rao – Appellant
Versus
V. Ayyanna Rao – Respondent
Burn, J.
1. The petitioners were convicted by the Stationary Sub-Magistrate, Ellore, of an offence under Section 430, Indian Penal Code, and sentenced to pay a fine of Rs. 50 each. On appeal the Sub-Divisional Magistrate, Ellore, confirmed the conviction but reduced the fine to Rs. 25 each. This revision petition is preferred by the accused, who contend that the conviction under Section 430, Indian Penal Code, was wrong.
2. The facts are simple. The accused hold lands under a tank which receives its supply from a channel called the Dendulur channel. The complainant in this case was the holder of land irrigated from another tank which also receives its supply from the same channel, but the supply channel to the accuseds tank takes off from the main channel at a point higher up than the supply channel of the complainants tank. In these circumstances on the 2nd August, 1937, the accused put a bund across the main channel just below the point at which the supply channel to their tank takes off, and thereby diverted all the water flowing in the main channel to their tank, preventing any water from going down to the complainants tank. The bund was kept in position for at least a month
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