ANADI SAHU Vs. NARENDRA NAIK

JUDGEMENT

(1.) THIS application in revision is directed against an appellate order of the additional Sessions Judge, Cuttack, upholding the conviction of the petitioners under Section 379 I. P. C. and the sentence of fine of Rs. 250 imposed on each of them. 14 persons including the petitioners were placed on trial before a magistrate, First Class, Cuttack, on a charge under Section 379 I. P. C. on the allegation that on 23-11-63 between 7 A. M. and 4 P. M. , they being armed with lathis, rifles and tentas carried away paddy crops worth Rs. 1300 from plot No. 780 which was in the possession of the opposite party Narendra Naik, and on which the latter had raised paddy crops. All the 14 persons were convicted in the trial court and while each of the 3 petitioners was sentenced to pay a fine of Rs. 250 and in default to undergo R. I. for 2 months, the remaining accused persons were sentenced to pay a fine of Rs. 25 each and in default to undergo R. I. for 15 days. On appeal, the Additional Sessions Judge, Cuttack, while confirming the conviction of the petitioners, acquitted the remaining 11 accused persons.

(2.) PLOT No. 780 in mouza Karanji measures 8 acres and it is its northern half of 4 acres which is in dispute in the litigation. This land stood recorded in the settlement papers in the name of one Durga Charan Panda and it is the case of the opposite party Narendra Naik that long ago he got these 4 acres of land on bhag chas basis from Durga Charan. After Durga Charan's death, his two brothers kanhu Panda and Krushna Prasad Pande jointly inherited the 4 acres of land and on their death it devolved jointly on their widows Jariaki Dibya and Nilamani dibya. In a family settlement between the two widows, the entire 4 acres of land fell to the share of Janaki Dibya. On 22-6-59 Janaki Dibya sold one acre out of this land under the registered sale deed (Ext. 3) in favour of petitioner No. 1 Anadi sahu and 2 acres out of this land under the registered sale deed (Ext. A) in favour of the uncle of Kailash petitioner No. 3. Petitioner No. 2 Ganesh is the son of petitioner No. 1 Anadi. The remaining one acre of land was sold by Janaki to one jagabandhu Tripathy from whom the respondent Narendra purchased it under the kabala Ext. 1 on 29-4-63.

(3.) UNDOUBTEDLY, therefore, the petitioners have acquired title in respect of 3 acres out of the 4 acres of the disputed land under the kabalas Exts. A and B, and it is on the strength of these kabalas that the petitioners now claim to be in khas possession of the 3 acres of land and to have raised paddy crops thereon during the disputed year. Their case is that the opposite party Narendra Naik was neither in possession of the land nor did he raise any crop thereon in 1963.