SHASHI BHUSAN MAITY Vs. STATE

JUDGEMENT

(1.) These five petitioners have been convicted of an offence under Section 406 of the Indian Penal Code and each sentenced to pay a fine of Rs. 80/- in default to suffer rigorous imprisonment for two months. The trial was held by a Magistrate of the 2nd class at Arambagh. Upon conviction the petitioners took an appeal to the Sessions Judge which was dealt with and disposed of by the Additional Sessions Judge who dismissed the appeal. Thereafter the petitioners applied to this Court and obtained the present Rule.

(2.) The facts briefly stated are that one Indra Maity claimed to be in possession of certain lands and to have grown crops thereon in the year 1360 B.S. The petitioners and others thereafter attempted to cut away the paddy grown by him. It is said that certain proceedings Under Section 144 of the Code of Criminal Procedure were instituted but they do not appear to have been prosecuted. Indra Maity preferred to bring an action before the Civil Court and obtained an order of injunction restraining the petitioners from harvesting the paddy. The case is that despite the order of restraint which had been made, the petitioners cut away the paddy in disobedience of the order. Contemporaneously with these proceedings a certain petition was addressed to the Superintendent of Police, Howrah, who in his turn sent a radiogram and made the petition over to the Arambagh police. On receipt of the radiogram and the petition, it is said, P.W. 2 Debdas Mukherjee, a sub-inspector of police attached to Khannakul P.S., proceeded to the locale and seized a certain quantity of paddy said to have been cut and carried away or about to be carried away by the petitioners. The paddy was seized by the Police and then released on a certain Zimmanama having been executed by the petitioners. Thereafter on the application of Indra Maity order was made requiring the petitioners to deliver the paddy or its equivalent in money; but despite notices issued the petitioners contumaciously refused to honour the Zimmanama whereafter proceedings Under Section 406 I. P. C. were instituted against them.

(3.) The charge that was framed against the accused persons was that they being entrusted with 11 kahans of straw and paddy worth Rs. 1166/- committed criminal breach of trust in respect of the same.