NABA KUMAR DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Sec. 397 and 401 of the Code of Criminal Procedure, 1973,challenging the Judgement and order of conviction passed under Sec. 4 (D)(i) of W.B.L.R Act of 1958 against the present petitioners affirming the judgement and order of conviction whereby the petitioners have been sentenced to suffer S.I for six months each and fine of Rs.500 each in default to suffer S.I. for one month passed by the learned Judicial Magistrate, 3rd Court, Bishnupur by the judgement and order dtd. 27/9/2005 in complaint case no. 32 of 1996.

(2.) The case of the prosecution in short is that a complaint was lodged by Debashish Garai, the owner of the adjacent land of the petitioners alleging that the petitioners were excavating a pond over plot no. 1409 of Mouza.-Dongalon district Bankura, which was originally recorded as Bastu land. On the basis of the same, a proceeding was initiated and an enquiry made and the present petitioners were found to have violated the provisions of Sec. 4(C) of the W.B.L.R Act and accordingly after obtaining necessary instruction from the collector of Bankura, the complaint was lodged in the Court of Learned S.D.J.M, Bishnupur by the S.D.L.R.O, Bishnupur against both the petitioners.

(3.) The prosecution examined five witnesses and the Learned Court after hearing the Learned Advocates of both the prosecution as well as the defence counsel passed the order of conviction by virtue of judgement and order dtd. 27/9/2005.