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1953 Supreme(All) 284

AGARWALA
JWALA – Appellant
Versus
STATE – Respondent


AGARWALA, J.

( 1 ) THIS is an application in revision against an order dismissing the applicants appeal which was directed against the order convicting the applicants under Sections 325 and 323, I. P. C. Jawala, applicant, has been sentenced to nine months rigorous imprisonment under Section 325, I. P. C. and a fine of Rs. 50/- under Section 323, I. P. C. Badri, applicant, has been sentenced to six months rigorous imprisonment under Section 325, I. P. C. and to a fine of Rs. 50/- under Section 323, I. P. C.

( 2 ) SITA Ram complainant, of village Jaswanpur, and his uncle Bandi were watering their fields. After half the field had been watered they discovered that the water was not flowing normally. They suspected that it must have been stopped by somebody. Both of them proceeded up stream and found that Jawala had directed the water to his field, though it was the turn of Jaswanpur people to irrigate their fields. Sita Ram protested, and when his protest went unheeded, he tried to block the water channel which had been diverted by Jawala. Jawala then called other persons of the village to his aid including Badri, applicant, and then all of them beat Sita Ram, his uncle bandi and one






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