MAHESWAR KAR Vs. PALUNI DIBYA

JUDGEMENT

(1.) THE Petitioner has been convicted under Section 4 26, Indian Penal Code and sentenced to pay fine of Rs. 50/ - in default to undergo Section 1. for one month.

(2.) PETITIONER 's case may be stated in short. The house of the complainant (p.w. 1) is a thatched one with tiled roof resting on Bamboo beams. Her thatched roof over -hanged to the extent of 1 1/2 cubits from her western side wall on the land of the Petitioner and water from the thatched house of the complainant was falling on the land of the accused since long. At about 10 a.m. on 12th February, 1972 the Petitioner forcibly cut the thatch of the complainant. The dimension of the cutting was 6 cubits in length and 6 cubits in breadth. P.w. 1 complained that by the cutting she sustained a loss of about Rs. 60/ - and the (sic) portion of her house became exposed to rains.

(3.) THE aforesaid findings of the learned Magistrate were not assailed before me. After having gone through the entire evidence and having heard the learned Advocate for the Petitioner, I am satisfied that the learned Magistrate reached the correct conclusion and the findings are unassailable.