Debi Prasad Uniyal, J. - (1.)This revision is directed against the judgment of the Civil and Sessions Judge upholding the order of the Magistrate convicting the Applicants Under Ss. 323 and 325 IPC read with Sec. 34 IPC and sentencing each of them to 2 months' RI on the first count and to 4 months' RI on the second count, the two sentences to run concurrently.
(2.)The facts of the case are simple and may be summarised thus. There was a partition suit in respect of certain agricultural plots between the Applicants on the one hand and the complainant on the other. The case was fought up to the High Court and the complainant succeeded in obtaining a decree for possession" of a moiety share of the disputed land. In execution of the decree he obtained actual physical possession (dakhaldehani) on 26 -8 -1962 through a Vakil commissioner. As a result he cultivated half portion of plots Nos. 122 and 123 and sowed pea -crop on them. When the crop was ready for harvesting he went to his field on 26 -2 -1963 accompanied by his wife and son. The accused party reached there and protested against his taking away the pea crop. When he refused to allow the accused to take possession of the crop the latter assaulted him and his wife causing simple and grievous hurt to them.
(3.)In defence the accused pleaded right of defence of property and contended that the Dakhaldehani was a mere paper transaction and actual possession had not passed to the complainant.