SUKCHAND HARIJAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) Petitioners, nine in numbers, have been convicted under S. 379, I.P.C. and have been sentenced to undergo rigorous imprisonment for four months and the conviction and sentence have been upheld by the Additional Sessions Judge, Koraput, in appeal.

(2.) It is the case of the complainant (opposite party No. 2) that the land in question was given delivery of possession to him pursuant to an order under the provisions of Regn. 2 of 1956, the order being dt. 23-2-1980. Pursuant to the said order, the date of alleged possession is 8-5-1980 and subsequent to the same while the complainant was in possession of the land and had grown the paddy crop in question, the accused persons forcibly entered into the land and cut away the paddy crop that was standing on the land on 16-10-1980 at 9 A.M.

(3.) The defence plea of petitioners 1,2,3, 4, 5 and 9 is that they were in possession of the land notwithstanding the so-called order under Regn. 2 of 1956 and notwithstanding the so-called delivery of possession having been given pursuant to the order (Ext.1) and they had grown the crop in question and accordingly cut the same. The defence of petitioners 6, 7 and 8 is that they went to cut the paddy on being asked by accused Sundarsingh Harijan and Sukchand Harijan.