AKONTI BORA Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioners have projected this criminal revision against their conviction under section 427/34 I.P.C. passed by the Assistant Sessions Judge in Sessions Case No. 10 (S -J) 72 and upheld on appeal by the learned Sessions Judge, Jorhat in Criminal Appeal No. 18 (1) of 1976 sentencing them to suffer R.I. for one week only.

(2.) GRAVE and serious allegations were brought against the petitioners and four others to the effect that they had set fire to a shack, put up by the first informant Purna, forming an unlawful assembly with deadly weapons and entering into the paddy field of Purna. Upon investigation, police submitted charge -sheet against the accused under Section 147/436 I. P.C. However, the petitioners along with four others were committed by the Magistrate to stand the trial under Section 148/149/436 I. P. C read with Section 34. The accused stood their trial and were charged by the learned Sessions Judge under Section 148/34 149/ 436/34 I. P. C.

(3.) THE case of the prosecution is that Purna is the owner of the land and has title to it. There were as many as three proceedings under Section 145 Criminal Procedure Code since 1966 and in all these proceedings the possession of the land was declared in favour of the accused. Purna was also a party in one of the proceedings against the accused. It is indubitable that in the proceedings the Magistrate determined possession in favour of the accused and declared that the accused were entitled to possession of the present land until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction. Puma claims that notwithstanding such declaration of possession and prohibitory order passed by the Magistrate he merrily continued to possess the land in violation of lawful order passed by the Courts, ploughed the land (subject matter of the proceeding) and constructed the shanty valued hardly at Rs. 100/ -. He alleged that on 11.9.1972 at 6 p.m. in presence of all and sundry the accused, forming an unlawful assembly set his shanty on fire.