SASHI BHUSAN CHAKRABORTY Vs. BIRENDRA KUMAR SIL

JUDGEMENT

(1.) THE Sessions Judge, Tripura has forwarded this case under Section 438, Criminal Procedure Code with recommendation that the conviction of Sashi Bhusan Chakraborty accused petitioner under Section 426, I.P.C. passed by Sri S. M. Ali, Magistrate 1st class on 18 -8 -51 should be set aside on the ground that ingredients of the offence of mischief as defined under Section 425 of the Code have not been established.

(2.) THE complaint is that the convicted accused along with two others had allowed their cattle to stray on to the complainant's field causing damage to the "Hali seedlings" to the extent of Rs. 100/ -. The defence is that the cattle had strayed without the knowledge of the accused. The learned Magistrate found the accused guilty on the assumption that he did not take proper steps to guard his cattle.

(3.) MERE neglect or carelessness on the part of the person in charge of the cattle to keep them from straying into the field of others is not sufficient to bring home the offence of mischief against him if it is not proved that he wilfully and actually caused the cattle to enter, knowing that by so doing he was likely to cause damage to the complainant.