MAHARAJDIN Vs. STATE,

JUDGEMENT

(1.) THESE are two appeals. Criminal Appeal No. 1644 of 1964 is by Maharaj Din, Maharani Din, Ganga, Ghazi, Ram Jatan @ Pilkhidin, Kesho, Ganga Din, Ram Sumer, Ram Narish, Sukhnandan, Hari Shankar and Goli, while Criminal Appeal No. 1656 of 1964 is by Uma Shankar and Hiramani. Both these appeals have been filed against the appellants' conviction and sentence of nine months' R. I. and a fine of Rs. 100/ - in default three months further R. I. each under Section 395, Penal Code.

(2.) ACCORDING to the prosecution, one Smt. Lachhmania owned several plots of arable land in village Bhadrapur, lying within the circle of police station Mau Aima in the District of Allahabad. On her death these plots devolved on her daughter Smt. Chhabbo. On the 28th August 1962 Smt. Chabbo, by a registered sale deed, sold those plots along with some other plots to P. W. 1 Shri Prakash for a sum of Rs. 800/ - but she had put the vendee in possession of all those plots in the preceding July and the latter had sown Arhar and Bajra crops thereon. The Bajra crop was reaped in due course, but the Arhar, crop not being ready for harvesting, was allowed to stand till March, 1963. On the 24th March 1968 at about 5 P. M. the appellants came to those plots armed with lathis and started cutting the Arhar crop. While they were cutting the crop P. W. 1 Sri Prakash went there and protested, but the appellants threatened him and went on with the cutting. On the following day P. W. 1 Sri Prakash sent a written report about the incident to the S. P. (Complaints) under registered cover. Thereupon P. W. 8 Rama Shankar, S. I started the investigation of the case and after completing it he submitted a charge -sheet under Section 395, Penal Code against the appellants, and they were, in due course, committed to the court of sessions to stand their trial.

(3.) THE appellants pleaded not guilty and while some of them pleaded alibi, the others admitted the cutting of the Arhar crops by them. Their case was that they did so, as the plots in question belonged to them and they had sown the said crops on them.