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1995 Supreme(P&H) 1285

P.K.JAIN
Baldev Singh – Appellant
Versus
State Of Punjab – Respondent


Judgment

P.K.Jain, J.

1. This revision is directed against the order dated 18.7.1995 passed by Additional Sessions Judge, Amritsar whereby the conviction and sentence imposed upon the petitioner for the offence under Sections 326/324 of the Indian Penal Code by Judicial Magistrate Ist Class, Tarn Taran, have been confirmed. The petitioner has been sentenced to rigorous imprisonment for one year and to pay a fine of Rs. 1000/- and in default of payment of fine, he has been sentenced further to undergo simple imprisonment for two months for the offence under Section 326 of the Indian Penal Code. He has also been sentenced to undergo Rigorous Imprisonment for six months for the offence under Section 324 of the Indian Penal Code.

2. The prosecution case lies in a narrow compass. The field of the petitioner is adjacent to the field of Sukhwinder Singh (PW.1) and his father Jagir Singh (PW.2). It is alleged that the petitioner had demolished the water course running from his field to the field of said PW, to which he objected and the petitioner felt irritated. On 5.10.1191 at about 4.00 P.M. when Sukhwinder Singh (PW.1) had gone to his field he saw that the petitioner was demolishing the















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