PURUSTAM NAIK Vs. CHAKRADHAR DAS

JUDGEMENT

(1.) THIS revision is directed against the judgment dated April 16, 1957 passed by the Assistant Sessions Judge, Cuttack, in Criminal Appeal No. 80c of 1955, confirming the judgment dated June 11, 1956 of a 2nd class Magistrate of Jajpur, in case No. 237-C1/st/54 of 1953 convicting the petitioners under Section 379 of the Indian Penal Code and sentencing them to a fine of Rs. 100/- each, in default to undergo rigorous imprisonment for one month each.

(2.) THE relevant facts out of which this matter arises are, shortly stated, as follows : The complainant who was the Karji of the Raja of Madhupur had kept paddy sheaves, belonging to the Raja and reaped from 4. 6 acres of land of Gahir chaka in Bhubanpur village which was in the Khas cultivation of the Raja, -- in the khala of one Sunkar Biswal of Bhubanpur, as the Raja's own Khala was at a distance. On March 27, 1953 the petitioners forcibly took away the above paddy sheaves worth about Rs. 100/- and thereupon a criminal case was instituted against the petitioners under Section 379 I. P. C. on a charge of theft of the paddy sheaves.

(3.) THE main point for consideration in this case was as to who was in possession in respect of the land in question. The defence in the criminal case was that the disputed land of 4. 6 acres, which was the Nijchas land of the Raja, was in the bhag cultivation of the petitioners for twelve or thirteen years and further that they were paying Rajbhag of the land. The motive imputed to the complainant for instituting the criminal case was to deprive the petitioners of their possession of the land so that the Khamari could take Khas possession of the land.