MUKSUD ALI Vs. SAJAN ALI

JUDGEMENT

(1.) THE case referred to is on a private complaint. It is alleged that on 4 -2 -50 the accused entered wrongfully into the paddy field measuring about 5 gandas of the complainant and trampled the young grown paddy under their feet thus causing damage to the extent of Rs. 50/60 to him. When the complainant resisted he was attacked and chased upto his house.

(2.) AS the case apparently falls under Sections 426 and 447, Penal Code, the learned Magistrate tried it as a summons case and convicted and sentenced on 22 -12 -51 ail the accused under the above sections to a fine of Rs. 30/ - each or in default to undergo rigorous imprisonment for one month.

(3.) ON motion by the accused, the Sessions Judge, Tripura has recommended this case under Section 438, Criminal P. C, to this Court for ordering fresh trial under proper procedure after setting aside the conviction and sentence on the ground that as the amount of damage caused is mentioned by the complainant at Rs. 50/60 the offence falls under section 427, Penal Code and therefore ought to have been tried as a warrant case and not as a summons case.