JAGADISH CHANDRA DEY AND ANR. Vs. NILKANTA CHAKRABORTY

JUDGEMENT

(1.) THIS is a Criminal Reference made by the learned Sessions Judge, Tripura, under Section 438 Cr. P. C. recommending that the order of conviction and sentence of the petitioners passed by the 1st Class Magistrate, Sadar, under Section 379 I. P. C. in Criminal Case No. 200 of 1961 should be set aside.

(2.) THE facts according to the prosecution are that, on 2.4.61 corresponding to 19th Chaitra, 1367 B. S., the accused petitioners cut down and removed some jack -fruits, kurcha and sonal plants standing on an ail in possession of the complainant P. W. 1 Nil Kanta Chakraborty in spite of protest by his mother P. W. 2 Bishakha Sundari Chakraborty. The prosecution examined 4 witnesses. On the charge under Section 379 I. P. C, having been framed by the learned Magistrate both the accused pleaded not guilty.

(3.) BEING aggrieved by this judgment the petitioners preferred a revision petition to the Court of learned Sessions Judge and he has made this reference to this Court for setting aside the order of learned Magistrate.