MUKTESHWAR PRASAD, J.

( 1 ) THIS appeal by the accused is directed against the judgment and order dated 7th Decem-ber, 1981 passed by Sri Y. R. Tripathi, the then Additional Sessions Judge, Ghazipur whereby he convicted accused Parmal under Section 308 read with Section 34 IPC and sentenced him to undergo rigorous imprisonment for a period of two and half years. He further convicted the accused under Section 24 of the Cattle Trespass Act and sentenced him to undergo rigorous imprisonment for a period of two months. Both the sentences were ordered to run concurrently.

( 2 ) IN brief, the facts of the prosecution case as revealed from the record are as under: A civil suit No. 94/75 was filed by Naik, father of the appellant, against Mangru Singh, the informant for permanent injunction and the plaintiff obtained ex parte temporary injunction and the parties were restrained from making construction over the disputed land. The defendant was further restrained from objecting the plaintiff from taking water from the well in suit. The suit was filed on 22-5-1975.

( 3 ) ON 1-6-1975 at about 6-00 p. m. cattle (cow) owned by the accused were grazing and damaging the surgarcane crop standing i

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