PARITOSH JANA Vs. STATE

JUDGEMENT

(1.) This Rule is directed against an order of Sri J. N. Roy, Magistrate, 1st Class, Jhargram, dated 9-8-1954, by which the petitioners were convicted under Sections 147 and 427 of the Indian Penal Code. Each of the petitioners was sentenced under Section 427 to pay a fine of Rs. 30/-, in default to suffer rigorous imprisonment for one month. No separate sentence was passed under Section 147, Penal Code.

(2.) An application was made before the learned Sessions Judge of Midnapore for a reference to this Court with a recommendation that the convictions of and the sentences imposed upon the petitioners be set aside but the learned Judge declined to interfere. Thereafter the petitioners applied to this Court and obtained the present Rule,

(3.) The facts shortly stated are that the complainant had taken settlement of about 12.50 acres of land comprised in C. S. Plot No. 3/702 and 4/703 under interest No. 1 of mouza Rajpahari, Police Station Nayagrarn, from the Nawab Estate belonging to the Murshidabad House. It was stated that a salami was paid and an annual rent of Rs. 12-2-0 had been fixed. Settlement, thus obtained, was in favour of one Aghore Chandra Jana and the complainant in this case. The Prosecution case is that after having obtained the settlement, some time in March 1952 the complainant took possession of the land and in July, 1953, a portion of the land was brought under plough and ground-nut seed were sown. Just a few days thereafter, the allegation is, when the seeds were germinating, the petitioners with several others came up to the land, ploughed the field despite protest made on behalf of the complainant. The result of the ploughing up of the land by the petitioners was damage to the germinating seeds which caused a loss of about Rs. 200/- to the complainant. With these allegations the complainant came to Court and examined several witnesses in support of the case which he made.