MANUEL FERNANDES Vs. STATE

JUDGEMENT

(1.) The two petitioners were prosecuted by the Vasco da Gama Police for offences under S.445 and S.379 of the I.P.C. It was alleged that they trespassed into a property known as 'Baille-Challi' owned and possessed by the first informant, Dr. Adelia D'Costa and plucked coconuts from the trees existing thereon and removed them to their house. To the charges framed under S.379, I.P.C. the accused pleaded not guilty. According to them they plucked coconuts from the property in 'Baille-Challi' which belongs to them. Their case is that there are two properties bearing the same name adjoining to each other and that one of those properties bearing the name 'Baille-Challi' belongs to them and that the first informant's father wanted to grab their property.

(2.) The trial Magistrate convicted the petitioners under S.379 of the I.P.C. and sentenced them to R.I. for one month and to pay a fine of Rs.200/- each.

(3.) The petitioners preferred an appeal against that order and the learned Additional Sessions Judge, Panaji, before whom the appeal came up for hearing, by his order dated 21-9-76. partly allowed the appeal. He upheld the conviction of both petitioners, but reduced the sentence in respect of petitioner No.2 to a fine of Rs.200/- though the sentence of petitioner No.1 was confirmed.