PRASANNA KUMAR SAMAL Vs. BALBHADRA ROUT

JUDGEMENT

(1.) The petitioners have been convicted Under Section 24 of the Cattle Trespass Act and each of them sentenced to pay a fine of Rs. 50/- and in default, to undergo simple imprisonment for 15 days.

(2.) The complainant's case, in brief, is that on 16-10-64, while P. W. 3, the watcher appointed by the villagers of Baligorada, with the help of P. W. 4 was taking some cattle of the petitioners to the cattle pound for having damaged paddy crop on complainant's land, petitioners forcibly rescued and took away the cattle. Petitioners in defence deny the allegations and allege that while some heads of cattle belonging to some of them were grazing on a waste land on the Baligorada side of the rivulet. P. W. 3 and some of his co-villagers seized them. On receiving information, petitioner No. 1 went there and protested against such action. On his protest, P, W. 8 attempted to assault him with an axe but petitioner No. 1 managed to snatch it away and apprehending assault left the place. Ultimately, he recovered the cattle from the jungle in the night. The other petitioners deny their presence at the place of occurrence.

(3.) In all, 8 witnesses were examined on the side of complainant and the defence examined two witnesses. The learned Magistrate, on a consideration of the evidence, accepted the complainant's version to be substantially true, convicted and sentenced the petitioners, as stated above.