BATA KRISHNA GHOSE Vs. STATE

JUDGEMENT

(1.) These four petitioners have been convicted by a Magistrate at Krishnagar under Section 447 of the Indian Penal Code and each sentenced to pay a fine of Rs. 50, in default, to suffer rigorous imprisonment for twenty days. There was an appeal against this order of conviction and sentence which was, however, dismissed by the Assistant Sessions Judge, Nadia.

(2.) Complainant Sudha Krishna Ghose is a brother of the petitioner Bata Krishna Ghose while the other three petitioners are sons of Bata Krishna. It is said that as a result of an amicable partition, the complainant came to hold plot No. 73 of Mouza Char Manikdihi under Khatian No. 30 separately. On the 18th June, 1954, the petitioners are said to have trespassed upon the plot and ploughed up the land on which Arhar was sown. The allegation is that one or two of the petitioners carried lathis in their hands. Upon these allegations, the petitioners were charged under Section 447 of the Indian Penal Code with having committed criminal trespass on the plot in question.

(3.) The petitioners pleaded not guilty, and the defence case was that the land belonged to the petitioner Bata Krishna Ghosh. There does not appear to be a denial of the fact that the plot was ploughed up and Arhar sown upon it.