ANAMA ROUT Vs. TRILOCHAN DAS

JUDGEMENT

(1.) THIS revision is against the appellate judgment of the Additional Sessions Judge, cuttack in Criminal Appeal No. 22 C of 1965 confirming the convictions and sentences of the petitioners under Sections 379 and 426 I. P. C. , while setting aside their conviction and sentence under Section 504 I. P. C. passed by a magistrate 1st Class, Cuttack.

(2.) THE prosecution case, in short, is that on 26-6-1964, at about 8 A. M. the petitioners cut the green fence standing on the eastern boundry of the complainant's plot No. 31 in Khata No. 1 of mouza Dhusal. Thereafter, they carried away some cowdung stored on the complainant's land and also removed some Alu and Olua from the said land.

(3.) THE petitioners in pleading not guilty to the charges urged that there was no fence in between the complainant's land and the paddy land of the petitioner No. 1, and that on the date of oc- currence, the petitioner No. 1 was cutting the branch of a Chakunda tree standing on his own land, but as he did not cut the branches which extended towards the land of the complainant, there was an altercation between the parties, and out of grudge, the complainant filed this false case against them.