GOPINATH JENA AND TWO ORS. Vs. ABHIMANYU JENA

JUDGEMENT

(1.) THE complainant -opposite party owns and possesses plot No. 3390. To the north and south of it, are the lands of one Suba Bewa, which were purchased by the accused persons under Ext. A dated 22 -2 -1964. To the east of that plot 3390, is the homestead of the accused Petitioners and to the west is a public road running by the side of the purchased lands of the accused -Petitioners and also the complainant's plot No. 3390. It is also admitted by the complainant that the Petitioners used to pass over the southern portion of the plot No. 3390 to reach the public road on the west from their homestead. This was the situation in the locality before the date of occurrence.

(2.) IT is alleged by the complainant that on 30 -5 -1965 between 8 a.m. to 11 a.m. in the morning, the accused persons cut the complainant's northern boundary fence and dug a ditch on his plot No. 3390 and put up a new fence by encroaching upon his plot and also assaulted him when he objected to such encroachment and cutting of his fence. He accordingly filed a complaint petition before the Sub -divisional Magistrate, Jajpur, on 31 -5 -1965.

(3.) AFTER receipt of this report from the Sarpanch, the Magistrate took cognizance of the case and summoned the accused Petitioners to stand their trial under Sections 427 and 353, Indian Penal Code, which was numbered as case No. I.C.C. 393/65/1550 T/65 in the Court of the S.D.M. Jaipur.