- (1.) Under challenge in this appeal is the judgment and order dated 24.1.1985 passed by V Additional Sessions Judge, Jhansi in Sessions Trial No.100 of 1984 convicting and sentencing the appellants u/S 323/34 IPC for nine months' R.I. with a fine of Rs.250/- each, u/S 504 IPC with a fine of Rs.100/- each and u/S 506 (2) IPC for one year's R.I. with a fine of Rs.150/- each.
(2.) As borne out from the record, briefly stated, the facts are that one Raghubir Singh who was the cousin of the informant Har Nath Singh (P.W-1) had a field near Dundariya Khirak in which a Mahua tree existed. One Indar Singh, the nephew of the informant had sold the land to the appellants, on account of which the accused appellants claimed the ownership of the Mahua tree also, though the valuation of the Mahua tree was determined in the name of the informant Har Nath Singh.It was alleged that on 18.12.1981 at about 11.30 am when the informant went to the field on which Mahua tree existed he found that the accused appellants had cut down the Mahua tree in question. When the informant raised an objection to it the accused appellants said that they have purchased the land so it was their tree and therefore, they were cutting it. But the informant has claimed the ownership of the tree. On this the accused appellants hurled abuses and when the informant asked them to desist from using abusive language he was beaten by them with lathi and danda. When his son Krishna Pal Singh came to his rescue he was also beaten. It was further alleged that the appellants also gave threats unto death. The incident was said to have been witnessed by Amrit Singh, Mohan and Dharam Das. Both, informant Har Nath Singh and Krishna Pal Singh, sustained injuries.
(3.) A non-cognizable report (Ex Ka-1) of the incident was lodged at the police station Katera on the same day i.e. on 18.12.1981 at 11.30 am against the accused appellants under Sections 323,504,506 IPC.;