HARISH CHANDRA SAMADDAR Vs. STATE

JUDGEMENT

(1.) This is a petition for revision of an Older made by a Magistrate, at Alipore by which the petitioner were convicted under Sections 447 and 143, Penal Code. The trial Magistrate sentenced the petitioners to pay a One of Rs. 25/- each in default to suffer rigorous imprisonment for one month each under Section 447 of the Code. No sentence was however passed under Section 143. The petitioners thereafter applied before the Sessions Judge 24-Parganas for a reference to this Court with the recommendation that the convictions of and the sentences imposed upon them be set aside; but the learned Additional Sessions Judge who came to deal with the matter declined to interfere by an order dated 25-9-1954. Thereafter the petitioners moved this Court and obtained the present Rule.

(2.) The fads shortly stated are that the opposite party was me owner and occupier of a plot of arable land within Tollygunge P. S. On 30-11-1953 the opposite party lodged an information with the Tollygnnge police to the effect that on the night previous certain persons who were described as members of the Executive Committee of Sri Colony had trespassed upon the land and erected 4 huts. It was further stated that the aggressors had bean armed with deadly weapons and formed themselves into an unlawful assembly.

(3.) The police took cognizance and an investigation followed. It resulted in a charge sheet being submitted against the petitioners and another who were eventually tried before the learned Magistrate upon charges under Sections 447 & 147. Penal Code. At the trial the case made was to the effect that the complainant had been possessing the land for a long time, by cultivating it and growing crops upon it. The petitioners with others came upon the land with lathis etc. and started constructing the huts. There was protest made but the petitioners paid no heed to the protest and went on completing the construction.