SANT RAM Vs. STATE OF M P

JUDGEMENT

(1.) The appellant was prosecuted for offences under sections 379 and 447 IPC, for trespassing in the field and harvesting the paddy crop of the complainant, Radhabai and convicted thereunder and sentenced to undergo R.I. for one year u/s 379 IPC, and to pay fine of Rs. 200/- in default to undergo S.I. for 20 days u/s 447 IPC.

(2.) On appeal the conviction was maintained but the sentence of imprisonment u/s 379 IPC reduced to 4 months R.I. by 6th AddI. Sessions Judge, Bilaspur in Criminal Appeal No. 106/90.

(3.) Shri R.K. Verma, learned counsel for the applicant, has contended that in Khasra Panchashala, the P.O. land is jointly recorded in the name of Radhabai and Jannabai. The applicant is the maternal nephew of Jannabai. He was managing the affairs of Jannabai as she had no other relative to look after her affairs. The applicant had harvested the paddy crop in exercise of bonafide claim of right. Therefore, the offence of the applicant u/ss. 379 and 447 IPC is not attracted. The contention of Shri Verma is well founded.