LAWS(PAT)-1960-4-33

ADITYA NARAIN SINHA Vs. STATE

Decided On April 09, 1960
RAM BIRICH MAHTO Appellant
V/S
BISHWANATH MISSER Respondents

JUDGEMENT

(1.) The petitioner has been convicted under Section 426 of the Penal Code, and has been sentenced to pay a fine of Rs. 200/- or, in default, to suffer rigorous imprisonment for two months.

(2.) Briefly stated, the prosecution case is that the petitioner and others harvested green paddy crops grown by Badri Narain Jha P.W. 1 on the lands in question. The petitioner's case was that he was in possession of the lands as a bataidar, and that he, therefore, was entitled to harvest the crops as he did.

(3.) On the basis of the evidence adduced on 'behalf of the prosecution, the Courts below have held that the lands in question were in the possession of Badri Narain Jha. The defence adduced oral evidence, and also produced some receipts; but the Courts below have disbelieved the oral evidence, and have held that the receipts are not genuine.