BRAMHACHARI MARTHA Vs. STATE

JUDGEMENT

(1.) THIS is a petition in revision against the conviction of the petitioner under section 379 I. P. C. and the sentence of fine of Rs. 200/- passed by a First Class magistrate of Khandpara, which were upheld on appeal by the Sessions Judge of puri.

(2.) THE petitioner who is a resident of village Koithapalli was charged with dishonest removal, from the possession of Government of 19 mango trees by cutting and removing the same from Anabadi plot No. 444 of the said village. Several other co-villagers were said to have assisted him in cutting and removing the 'trees, but they were acquitted by the learned Magistrate; but the petitioner was convicted and sentenced as he was said to be the ringleader.

(3.) THE plea taken by the petitioner was that the trees were in the possession of the village Thakurani and for the purpose of that village deity the villagers, including himself, cut the trees and sold them to other parties.