BHIKA BISWAL AND TWO ORS. Vs. JOGINATH SAHU

JUDGEMENT

(1.) THESE three Petitioners were convicted by the Magistrate under Section 506, Indian Penal Code, and sentenced to undergo R.I for one month each. On appeal to the Sessions Judge, the conviction was maintained, but the sentence was reduced to a fine of Rs. 50/ - each, in default to undergo R.I. for one month.

(2.) THE complainant's son is the owner of survey No. 479/4 of village Arjunapalli. Adjoining it is another plot which is survey No. 27 and belongs to the accused. The accused purchased this plot from the undivided brother of the complainant. The complainant (p.w. 1) had a suspicion that the Petitioners had amalgamated a portion of the plot with their own adjoining plot. Accordingly he applied to the Tahasildar for an Amin for measuring the plot and demarcating the boundary. The Amin (p.w. 5) went to the disputed site on 12 -4 -1965 and demarcated the boundary in the presence of both parties and some boundary pillars were erected. Then the parties dispersed. Later that day at about 3 P.M. the complainant (p.w. 1), the Amin (p.w. 5) and the Amin's peon were proceeding to another village. On the way near about the disputed land, they found the Petitioners sitting on the ridge of the disputed land. On seeing them, they started uprooting the boundary stones fixed by the Amin on the morning of that day. p.w. 1 protested. Petitioner. 1 was armed with a Kati and Petitioners 2 and 3 were armed with lathis. They rushed at the complainant, rebuked him and threatened him with assault. The Amin, his peon and other Bhadralokas, viz., p.ws. 2, 3 and 4 intervened and the matter subsided. The Petitioners thereafter left the place. The complainant thereupon reported the incident to the police and ultimately filed this complaint in Court.

(3.) THE points urged on be half of the Petitioners are as follows: