SAMBARU JAL AND ANR. Vs. NILADRI JAL

JUDGEMENT

(1.) PETITIONERS have been convicted under Section 447, Indian Penal Code and sentenced to pay a fine of Rs. 100/ - each or in default to undergo R. I. for one month each.

(2.) PETITIONER No. 1 Sambaru Jal is the father of Petitioner No. 2 Damodar Jal. The complainant -opposite party is the brother of Petitioner No. 1. The case put forward by him was that he gut the land, locally known as "Pidha Atta", on Nayabadi lease from the ex -State of Rairakhol in the year 1943 and since then he has been in peaceful possession of the same. On 3 -9 -1975 and 4 -9 -1975 the Petitioners forcibly entered upon the land and ploughed the same. On his protest they threatened him with assault.

(3.) AT the trial, the opposite party examined himself and two other witnesses who are boundary tenants. The Petitioners also examined a defence witness. The opp. party filed a copy of the order dated 31 -12 -1975 passed by the Tahasildar, Rairakhol allowing mutation of the land in his name. The learned Magistrate on a criminal appreciation of the evidence led by the parties came to the conclusion that the opposite party has been in physical possession of the land since 1943 and that the Petitioners were never in possession. He also found that the dominant intention of the Petitioners in trespassing over the land was to annoy the opposite party. Upon these findings, he held the Petitioners guilty under Section 447. Indian Penal Code and inflicted the sentences as indicated above.