BHOLANATH MONDAL Vs. STATE

JUDGEMENT

(1.) EACH of the petitioners was convicted under sections 148 and 379/109 I. P. C. and each was sentenced to a term of imprisonment as well as to a fine. There was also an order upon each to execute a bond for Rs. 100 under section 106 Cr. P. C. I am no longer concerned with the sentences of imprisonment as they were set aside by the lower appellate court. The order under section 105 Cr. P. C. was also set aside by the appellate court. The sentences which remain are as follows: under section 143 I. P. C. each of the petitioners is to pay a fine of Rs. 200 in default to suffer R. I. for six weeks. Under section 379/109 I. P. C each petitioner is to pay a like fine and in default to suffer like imprisonment.

(2.) THIS was. a case of paddy cutting, an usual occurrence during the harvesting season. As usual, each party put forward its title to the land. It is common case that the petitioners openly and without any interruption cut away and. removed the paddy to their homestead and there stacked it. The complainant's homestead was contiguous. The operation concerned took some 12 hours mid-night to midday.

(3.) MR. Nalin Chandra Banerjee appearing on behalf of the petitioners has taken three points. His first point is that out of the 10 persons charged under section 143, 6 having been acquitted, the petitioner can no longer be held guilty of an offence under section 143 I. P. C. The charge concerned mentioned only ten named persons as having participated in the unlawful assembly. There was no indication of others having also been members of the unlawful assembly. At the trial evidence was adduced to the effect that a hundred or more persons had participated in the unlawful assembly.