CHIRANJEE NARAIN SINGH Vs. BEHARI

JUDGEMENT

(1.) THIS revision under Section 397 read with Section 401 Code of Criminal Procedure is directed against an order of acquittal, dated 26 -9 -1980, passed by learned Additional Sessions Judge, Faizabad, in a case under Section 379 IPC.

(2.) APPLICANT Chiranjee Narain Singh had filed a civil suit on 10 -2 -1976 against opposite parties Behari Dhutal, Dubar, Ramoo and Jokhu, in which a competent civil court had restrained the latter from interfering with his possession over plot Nos. 75 and 76, situated in village Manjhe Rampur Puwari, district Faizabad, and from cutting pea crop standing thereon. A temporary injunction to restrain the opposite parties from causing any kind of damage to or from cutting the crops was Issued and the applicant was required to furnish security to compensate the opposite parties at the rate of Rs. 1300/ - per crop in case of dismissal of the suit. This temporary injunction had been served upon the opposite parties before 5 -3 -1976, when at about 2 p. m. the opposite parties cut and appropriated the standing pea crop despite the applicant's protests at the spot.

(3.) THE trial court, after considering the evidence on record, held that applicant Chiranjee Narain Singh was in possession of the plots in dispute and bad sown the crop and that the opposite parties had wrongfully cut it away in violation of the order of injunction and bad committed an offence punishable under Section 379 IPC. He accordingly convicted and sentenced the opposite parties for the offence under Section 379 IPC with rigorous imprisonment for one year and fine of Rs. 100/ - each, or in default of payment of fine to undergo further rigorous imprisonment of six months' each.