BENI Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against in order of the learned Sessions Judge, Varanasi, upholding the applicants conviction and sentence of Rs. 20 each as fine under Section 70, Clauses (1) and (2) of the Northern India Canal and Drainage Act (Act VIII) of 1873, as recorded by a Magistrate, First Class on 31-12-1962.

(2.) A complaint was filed by one Bashistha Tewari on the allegations that on 21-7-1962, at 2 P. M. the applicants demolished the water course which was supplied with canal water from outlet No. 1 of Ben Canal and included the land in their plot No. 768 and when the complainant remonstrated they were prepared to beat him. When sumnoned, the applicants pleaded not guilty and stated that the allegation made in the complaint were false and that it had been filed on account of enmity. In support of his case the complainant examined himself and two eye-witnesses Ramjeet Singh and Sita Ram. Ram Baksha Prasad, Canal Amin also also testified that there was it watercourse near plots Nos. 766 and 768 and that in 1370 fasli it had been filled up. On the other hand the applicants examined Shyam Lal, Lekhpal, Ram Kishan Singh Sabhapati, Ganga Ram, Ram Nandan, Kamla Prasad and Baldeo Pande in support of their case that there was no such water-course existing at the spot.

(3.) THE learned Magistrate reached the conclusion that there was an old and well established water-course existing on the Southern ridge of plot No. 768 and the same was demolished by the accused. He, therefore, convicted them as indicated earlier.