MUKTESHWAR PRASAD, J. - (1.) THIS appeal by the accused is directed against the judgment and order dated 7th December, 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 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. On 1 -6 -1975 at about 6.00 p.m. cattle (cow) owned by the accused were grazing and damaging the sugarcane crop standing in the plot owned by Mangru Singh, son of Mukhram. The cattle caused damage of the crop worth Rs. 34. The informant seized the cattle and was taking to cattle pound. The appellant and his father, who died during pendency of the case in the Court below forcibly, rescued the cattle and assaulted on the head of Mangroo Singh. They assaulted with lathies and he sustained injuries. PW 2 Chandrama and Shiv witnessed the incident. The injured rushed to P.S. Birno and lodged an oral FIR at about 7.30 p.m. on the same day. The local police registered a non -cognizable case under Sections 323/426 IPC and Section 24 of the Cattle Trespass Act and made entry in the G.D.
(3.) MANGRU Singh got his injuries examined at the District Hospital, Ghazipur on 2 -6 -1975 at 11.35 a.m. by Dr. A.K. Verma.;