SOBHA KUMBHAR Vs. KUNJA LUHA

JUDGEMENT

(1.) The order of conviction and sentence of the accused persons under Sections 447 and 506, I.P.C. passed by the learned Sub-divisional Judicial Magistrate, Birmaharajpur, in ICC No. 12 of 1991 and upheld by the learned Additional Sessions Judge, Bolangir, is assailed in this revision.

(2.) Shortly stated, the case of the complainant, opposite party herein, is that he being the adopted son of one Hansa Tandiani is in possession of all her properties including the disputed land measuring 4.1.910 decs. on 17-6-91 at about 8 A.M. when Bhola Mahananda, P.W. 2 was ploughing the disputed land, being engaged by him, all the accused persons arrived there and unyoked the plough. To their such illegal action he raised protest, but they abused him in filthy language and threatened to assault. The matter was then brought to the notice of the Officer-in-charge of Birmaharajpur P.S. who refused to take any action. Hence the complaint.

(3.) Accused persons advanced the plea of bona fide claim of right; inasmuch as they being near relations of Hansa Tandiani have been possessing all her lands including the land in question.