AKBAR ULLA AND ORS. Vs. FARMAJ ULLA

JUDGEMENT

(1.) THIS is a reference Under Section 438 , Cr.PC by the learned Sessions Judge of Tripura recommending that the sentences of fine imposed on Akbar Ulla, Yakub and Ajiruddin Under Section 427, IPC should be set aside while no such report has been made as against the remaining conviot Chhabed Ulla.

(2.) I have heard the learned Government Advocate and also the learned Counsel for complainant Farmaj Ulla at length. It appears that three elephants belonging to the accused damaged and destroyed the sugar -cane crop of the complainant on two kanis of land in Silchhera on several dates causing loss to the complainant to the extent of Rs. 300/ -. The learned Sessions Judge was of opinion that it was not proved in this case that the three accused whose case has been recommended had an intention to cause any wrongful loss to the complainant and so the latter could seek his remedy in Civil Court,

(3.) IT is further in evidence that Imamuddin informed Farmaj Ulla complainant that elephants were damaging the sugar -cane crop at about 11 A.M. on Sunday in the last part of Sravan 1362 T.E. and the complainant informed Chhabed Ulla who promised to send his Mahut (elephant driver) to bring back the elephants. Two of the elephants are said to be jointly owned by Chhabed Ulla and the other accused in this case but no Mahut was sent with the result that the complainant's bumper sugar -cane crop was totally destroyed.