KANDARPA PATHAK Vs. UJJAL PADA GANGULI

JUDGEMENT

(1.) THE judgment and order dated 30. 7. 2001 passed by the learned Additional Chief Judicial Magistrate, Kamrup, Guwahati in case No. 3534c/99 convicting the petitioner under Section 417 IPC and sentencing him to pay a fine of Rs. 100/- in default S. I. for 10 days is under challenge in the present revision petition.

(2.) I have heard Mr. S. R. Bhattacharyya, learned Senior Counsel for the petitioner as well as Mr. N. C. Das, learned Senior counsel for the opposite party.

(3.) A complaint was filed by the present opposite party before the learned Chief Judicial Magistrate, Kamrup, Guwahati contending that he had sold 1 Bigha, 1 Katha, 6 Lechas of land to one Bhajanlal Agarwalla leaving 1 Katha at the western side of the land sold to be used as a common path. The purchaser, however, constructed a building encroaching upon the unsold land of the opposite party. The purchaser also constructed a pucca drain and a boundary wall on the said land. It was alleged that those were done at the instance of the accused-petitioner who at the relevant time was the Lat Mandal under the Circle Officer, Kamrup, Guwahati and had furnished a false report to the effect that the land in dispute belongs to Bhajanlal Agarwalla as the same had also been sold to him. It was further alleged that the accused-petitioner had forcibly entered into the land of the opposite party and had surveyed the same without serving any notice on him and thereafter handed over the disputed land to Sri Bhajanlal Agarwalla by deliberately making wrong measurements. This was not known to the opposite party and he came to know only when Sri Agarwalla started digging earth for construction of the drain and the boundary wall.