BHIMA MOHAPATRA Vs. KRISHNACHANDRA RATH

JUDGEMENT

(1.) THE Petitioner has been convicted under Section 427, Indian Penal Code and sentenced to pay a fine of Rs. 100/ -, in default, to undergo R.I. for one month. The case of the complainant is that he has paddy land in plot 753 in Khata 150 in mouza Hiragobindapur in the district of Puri. Just adjacent to it to the east the accused has got paddy land - The lands are separated by an intervening ridge 250 cubits in length. The land of the complainant is at a higher level. In Falgun preceding the date of occurrence the complainant had repaired that ridge to relevant flow of water from his land to that of the accused. At about 10 a. m. on 18 -8 -1963, the accused cut the ridge about 200 cubits in length. On complainant's protest he was threatened with assault.

(2.) THE Courts below concurrently recorded the following findings:

(3.) THE conviction is based mainly on the basis of the contents of this Explanation. The learned Courts below are of opinion that even if the ridge belongs to the accused, he committed the offence of chief by cutting his own ridge so as to cause loss to the land of the complainant by draining out the water. Mr. Das challenges this view as being contrary to law.