NARASINGO MAHARANA Vs. CHAITANYA SAHU

JUDGEMENT

(1.) THIS revision petition is directed against the appellate judgment dated 17-91966 passed by Sri T. Misra, Sessions Judge, Ganjam-Boudh in Criminal Appeal no. 19 of 1966 maintaining the conviction of the petitioners under Section 379 I. P. C. passed by the trial court, and reducing the sentence of fine passed thereunder from Rs. 200 to Rs. 100 each, and in default to undergo rigorous imprisonment for one month each.

(2.) THE prosecution case, in short, is that the complainant (P. W. 1) had taken lease of the disputed land locally known as Khatadi Kiari, from the Revenue inspector on 24-7-196. 4, and grew paddy thereon. The petitioners on 14-12-1964 forcibly entered upon these lands and cut and removed the paddy crop grown thereon in spite of the remonstrance by P. W. 1, the complainant. The complainant after informing the Revenue Inspector, the Revenue Divisional Officer and the police, filed the complaint in the court against the petitioners. It is to be noted here, that the disputed lands were the subject matter of a proceeding under Section 145 Cr. P. C. and having been attached in the said proceeding were kept in the management of the Revenue Inspector, who had leased out the said lands to the complainant for Rs. 195 under orders of the Sub-Divisional Officer.

(3.) THE petitioners in defence denied all knowledge about the occurrence and stated that they did not cut and remove the paddy from the disputed lands.