BELUMANI NATH AND ANR Vs. RAMESH CHANDRA NATH

JUDGEMENT

(1.) The petitioners in this case were convicted Under Section 341, Penal Code and sentenced to pay a fine of Es. 20 each, and in default to undergo simple imprisonment for one week. The order of conviction was upheld in appeal.

(2.) The prosecution case was that the jangal (path ail) in front of complainant's bari reached as to and joined the village path to the east of his bari and that this pathway had been in existence since the time of the complainant's grandfather. A part of the pathway, about cubits in length, was on the land of the accused. They included the pathway in their field and grew paddy on it. Plaintiff was thus prevented from using the pathway. This act of the accused according to the complainant amounted to an offence Under Section 341.

(3.) The defence was that the complainant had no right of way over the land of the accused. Five witnesses were examined on behalf of the complainant. The trial was summary. The learned Magistrate states that these witnesses support the prosecution. They deposed that the pathway had been in existence for a long time. One witness was examined for the defence who stated that the complainant was using another pathway of the accused. The learned Magistrate visited the site of the alleged pathway. He felt satisfied that the complainant's pathway extended up to the village path and that about 3 nols of it lay on the accused's land. As a result of the local inspection or rather with its aid, he held that the prosecution witnesses had given proper description of the path and its locality. They also seemed to him disinterested. He, therefore, found the accused guilty.