MAHABIR Vs. REX

JUDGEMENT

(1.) This is a reference made by the Additional Sessions Judge of Banaras in respect of an order passed under Section 522, Criminal P. C., by a Magistrate of the Second Class of Banaras and confirmed on appeal by the Additional District Magistrate of that district.

(2.) The facts of the casa are as follows. Plots Nos. 1160/37 and 1160/60 belonging to Raja Baldeo Das Birla were under the 'cultivation of one ShilSaran, tenant. On 30th July 1946, Baijnath and eight other accused persona forcibly ploughed the said plots. Shiamdhari Singh, servant of Shilsaran, went to the spot and remonstrated with the accused and tried to stop them from ploughing the field, but the accused did not listen to him. On 3lst July 1946, Bhiamdhari Singh lodged a complaint against the accused charging them under Section 447, Penal Code, for having committed criminal trespass and under a, 352, Penal Code, foe having assaulted him.

(3.) The accused pleaded "not guilty" to the charges. Five of the accused stated that they had no concern with the plots, but the remaining four claimed that the land had been in their possession for the last four years and that they had been paying rent to the zamindar. On a consideration of the evidence, the learned Magistrate who tried the case found that accused (were?) guilty be to under Section 447 and under Section 352, Penal Code, and convicted and sentenced them to pay certain amount of fine. Ha also passed an order under Section 522, Criminal P. C, for the restoration of the possession over the plots to the complainant. The accused appealed against this order.