BHAGABAT BEHURIA AND 19 ORS. Vs. JAIRAM NAIK

JUDGEMENT

(1.) EACH of the Petitioners has been convicted under Section 379, Indian Penal Code and sentenced to pay a fine of Rs. 30/ - and in default, to undergo rigorous imprisonment for a period of one month.

(2.) THE complainant's case, in brief, is that he was in peaceful possession of the disputed lands and had raised paddy crop which was cut and carried away by Petitioners on 6 -12 -1963.

(3.) LEARNED Counsel for Petitioners assails the conviction mainly on the ground that the learned Sessions Judge who heard the appeal and is the final Court of fact -has totally failed to apply his mind, consider the evidence independently and arrive at his independent findings on the basis of the evidence on record. Therefore, it is argued that the appellate Court judgment is not one in conformity with the provisions contained in Section 367 read with Section 424, Code of Criminal Procedure, and as such, is to be set aside.