JUDGMENT

M.M. Lal, J. - Criminal Appeal No. 1069 of 1977 has been filed against the judgment and order dated 25-5-1977 passed by Sri Chaman Singh, the then Sessions Judge. Mathura by which he has convicted Sri Prakash appellant under section 325, I.P.C. and has sentenced him to undergo rigorous imprisonment for two years and to pay a fine of Rs. 500/- or in default thereof to further undergo rigorous imprisonment for three months.

2. Criminal Revision No. 959 of 1977 has been filed by Hissa informant with a prayer that the sentence imposed on the accused -appellant should be enhanced.

3. As both these appeal and revision arise from the same judgment, hence the same were heard together and are being taken up together for disposal in this judgment.

4. According to the case of the prosecution on 14-3-1976, i.e., one day prior to the festival of burning of 'Holika', at about 8 p.m. in village Tentigaon, P.S. Surir District Mathura five boys, namely Bachu deceased, Mohan, Mahendra, Devendra and Ram Das P.W. 6, had removed thatch from the 'Bitaura' of the appellant. These boys were taking the said thatch to a nearby pond where it was intended to be burnt on the next day. Adjoining 'Bitau