MD. RAHAMAD MIA Vs. GOVERNMENT OF MANIPUR

JUDGEMENT

(1.) THIS is a reference made by the Additional Sessions Judge, Manipur under Section 438, Cr.P.C. to set aside the conviction of the accused -petitioners under Section 447 I.P.C. and sentences that they should pay Rs. 50 each and that, in default of payment, they should suffer S.I. for one month each, imposed by the M.I.C., I.W. in G.R. Case No. 35 of 1962 on his file.

(2.) THE petitioners 8 in number, belonging to Paobitek village in Mayang -Imphal were charged for the offences under Sections 447, 323 and 148 I.P.C. on the ground that they committed criminal trespass into the paddy land possessed by P.W. 5 (Abdul Salam) covered by Patta No. 85/14 -1. W.T. rioting armed with deadly weapons, and that they caused hurt to P. W. 3 (Abdul Manaf), P.W. 5 (Abdul Salam) and P.W. 7 (Abdul Hei) at about 6 -30 a.m. on 13.5.1962.

(3.) THE petitioners filed Criminal Revision Petition No 6/65/11 of 1966, which was disposed of by the Additional Sessions Judge, Manipur. He opined that, since the charges under Sections 148 and 323. I.P.C. failed, the petitioners could not be said to have had any intention to commit any offence when they trespassed and that, therefore, they were not euilty of the offence even under Section 447 I.P.C. So, he submitted the present reference to this Court.