BAISHAB SA AND ORS. Vs. LAXMANA KUMAR DAS

JUDGEMENT

(1.) THE Petitioners have been convicted under Section 379, Indian Penal Code and sentenced to Rs. 40/each in default to undergo R.I. for one month each.

(2.) PROSECUTION case is that the disputed lands were purchased by the complainant 's father in the year. 1964 from Jagannath Sa (d.w. 1) under registered sale deed, Ext. 1 dated 10 -6 -1964. In the year 1968, his name was recorded and rent was being paid by the complainant 's father all through. In 1970 after the death of his father, the complainant grew paddy and the accused persons cut away the same on 15,11 -1970 at 6 A.M. when the paddy was not ripe. Petitioners 1 to 3 claim the disputed lands to be theirs and they cut the paddy which they had grown. Petitioners 4 to 7 are labourers who were taken to cut the paddy.

(3.) MR . Rao for the Petitioners next contended that Petitioners 4 to 7 are the labourers and had no animus and are entitled to acquittal. This contention is not also well founded in view of the fact that in their statements under Section 342, Code of Criminal Procedure they merely took the plea of denial. If there was no animus, the defence would have been that they had gone upon the land without knowing the fact that it is the complainant who grew the crop.