AKLOO MIA Vs. STATE

JUDGEMENT

(1.) THE appellant Akloo Mia has been convicted by the learned Additional Sessions Judge, A. V. D., under Section 301, part 2, Penal Code, and sentenced to rigorous imprisonment for 5 years. The case was tried by the learned Additional Sessions Judge with the aid of assessors who were divided in their opinion.

(2.) THE facts of the case are these: It appears that there was a dispute over the possession of certain charbharat land situated in the village of Peladahar, which had been taken on lease by Haji Hasan Mia and his sons and nephews and was in their possession for some 7 or 8 years. To the east of this land was the periodic pafcta land belonging to another Hasan Mia. Haji Hasan Mia and his sons and nephews grew paddy on the land leased by them.

(3.) IT is contended on behalf of the appellant that upon the findings of the learned Sessions Judge, the appellant ought to have been acquitted. The learned Sessions Judge has stated in his judgment: