SANTOSH KUMAR BISWAS Vs. STATE

JUDGEMENT

(1.) This Rule is directed against the judgment and order dated September 7, 1976 passed by the learned Sub-divisional Judicial Magistrate Krishnanagore convicting and sentencing petitioners under Ss. 447 and 427 of the Indian Penal Code.

(2.) On a complaint filed by the complainant-opposite party, the petitioners along with one Subal Biswas, (since deceased) were placed on trial for offences punishable under Ss. 147/447/427 of the Indian Penal Code. The material allegations in the complaint are that on May 4, 1975 the accused persons formed an unlawful assembly and forcibly trespassed into certain plots of land belonging to the complainant and caused mischief by damaging the paddy seedings grown by the complainant on the said land. The defence of the accused persons was that the plots in question are owned and possessed by them and complaint never possessed the same. In support of their claim they exhibited certain documents.

(3.) On a consideration of the oral and documentary evidence, the learned Magistrate held that the petitioners could not satisfy the Court about the actual physical possession in the case land and that the complainant was able to prove this title to and possession in respect thereof. On the basis of the oral evidence adduced on behalf of the complainant, the learned Magistrate held that the fact of forcibly entering into the case land and causing damage to the plants was proved but there was no sufficient material on record to show that before causing such damage the accused persons formed an unlawful assembly. On such conclusions, the learned Magistrate acquitted the petitioners in respect of the offence under S. 147 of the Indian Penal Code but convicted them under Ss. 447 and 427 of the Indian Penal Code. For the conviction under S. 427 of the Indian Penal Code he sentenced each of the petitioners to pay a fine of Rs.100/- in default to suffer simple imprisonment for one month. No separate sentence was passed for the other conviction.