BRAJABANDHU DAS AND 2 ORS. Vs. GUNI BEWA

JUDGEMENT

(1.) THE Petitioners stand convicted under Section 504, Indian Penal Code and each of them has been sentenced thereunder to pay a fine of Rs. 50/ -, in default to undergo R.I. for 15 days.

(2.) THE Petitioners were tried for offences under Sections 352, 427 and 504, Indian Penal Code. The trial Court acquitted them of the charge under Section 352, Indian Penal Code and convicted them under Sections 427 and 504, Indian Penal Code. The appellate Court found that the offence under Section 427, Indian Penal Code was not established against the Petitioners beyond reasonable doubt and on that ground acquitted them of the said offence. On an independent consideration of the evidence on record the appellate Court upheld the conviction of the Petitioners under Section 504, Indian Penal Code.

(3.) THE Petitioner stated that they dug the foundation on their own land but they never abused the complainant in any manner.