SUDHIR CHANDRA JANA Vs. AMULYA CHANDRA MISRA

JUDGEMENT

(1.) THIS appeal is against an order dated the 27th March, 1965, passed by Shri M. Bhattacharyya, Magistrate, 2nd Class, Tamluk, acquitting the accused respondents, who are four in number, under Sections 143 and 379 of the Penal Code

(2.) THE prosecution case briefly is that in 1364 B S. P.W.1, Sudhir Chandra Jana took settlement of two plots, viz., plots Nos. 2780 and 2808 in mouza Dikshin Narkelda, which are the subject -matter of the present case, from one Rani Suhasini Roy by a bhag kabuliyat. The kabuliyat, which is a registered one, is exhibit 1 in this case and is dated 19th April, 1957. On the 9th Pous, 1369 B. S., corresponding to 25th December, 1962, at about 8 a. m. in the morning the accused, Pulin Behari Tripatby who has since died as also the other four accused respondents, Amulya, Haradhan, Jhareswar and Biharilal accompanied by 25 to 26 other persons armed with chowki, lathi, etc. came upon plots Nos. 2780 and 2808 which are the lands in occupation of Sudhir Jana (P. W. 1) in bhag chas in mouza Dakshin Narkelda. Accused Pulin and Amulya ordered and the other accused took away about 25 maunds of paddy and B kahans of hay to the house of aroused Beharilal Mala thereby causing a loss of Rs. 370/ -.

(3.) THE defence case, inter alia, is that the accused persons are not guilty; that Pulin settled the lands with Ramani Mohan Pat. tanayek and one Mahadeb Jana by a registered Kabuliyat; that Ramani and Mahadeb grew the crop in question and cut the same away; and that the accused Pulin and Amulya were not even, present at the time of the occurrence.