KRUSHNA SAHU Vs. CHAITAN DAS

JUDGEMENT

(1.) THIS case arises out of an order of conviction and sentence of fine passed by the judicial Magistrate, 1st Class Cuttack, in respect of seventeen accused petitioners under Section 22 of the Cattle Trespass Act, 1871 on the charges of alleged illegal impounding of 27 heads of cattle and 24 heads of sheep while these animals were being tended by a cowherd boy on the grazing lands of mouza Chandanpur. It is said that all the accused persons drove away the animals forcibly towards the kine house. The defence is that they had rightly impounded the animals as they damaged the Mung crop of the accused petitioners Sriram Sahu and Dhobei Sahu in their respective kiaris. The learned Magistrate convicted and sentenced the petitioners to a fine of Rs. 30 each in default to simple imprisonment for one month each; out of the fine a sum of Rs. 118 was ordered to he paid to the complainant as the sum which he and others paid for releasing the animals by way of compensation.

(2.) THE provisions of the Cattle Trespass Act so far as material for deriding this case are these: chapter III impounding Cattle.

(3.) IN the present case there was undoubtedly trespass by the cattle on the land. The only question is: was there damage by the catlle to the land? The onus of proving that the animals damaged the mung crop of the accused petitioners sriram Sahu and Dhobei Sahi as alleged lies on them. On this point the finding of the learned Magistrate after discussing the evidence is this: