GOPAL SARKAR Vs. PASHUPATI GHOSH

JUDGEMENT

(1.) The appellants have been convicted by the High Court for an offence Under Section 379 of the Penal Code, 1860 The first appellant has been sentenced to pay a fine of Rs. 100/-and the others have been sentenced to pay a fine of Rs. 25/-each.

(2.) The appellants were prosecuted before the Magistrate, Second Class, for an offence Under Section 379 of the Penal Code, in that they cut and carried away the crops standing on two plots bearing Nos. 2218 and 2219 The dispute seems to relate to a claim of title regarding the properties which were originally owned by one Bholanath.

(3.) The appellants denied having committed any offence. Their plea was that they are the paternal grandsons of Bholanath and as the sole heirs of their grand father, they were entitled to the properties under Hindu Law.