KISHUN YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) This appeal arises out of a judgment passed by the 2nd Additional Sessions Judge, Nawadah in Sessions Trial No. 44 of 1996/234 of 1996 by which the appellants have been convicted for damaging the seedlings of Khesari and Tisi. The Trial Court has directed that the appellants should furnish a bond of Rs. 5,000/- for maintaining peace and good behaviour. The Trial Court has also come to the conclusion that since it was a land dispute rather then a dispute between the two communities the said deterrent punishment was awarded.

(2.) The case of the informant Rashid Mian is that he had purchased 82 decimals of land through a registered sale deed appertaining to plot no. 1282 (old) khata no. 80 (old). It is claimed that about 10 days prior to the occurrence, he had put seeds of Khesari and Tisi on his land. It is alleged that the appellants along with 15-20 others came armed with guns indulged in indiscriminate firing and destroyed and damaged the seedlings. Fortunately, nobody was injured in this occurrence and as such, the Trial Court has acquitted the appellants under Section 27 of the Arms Act as well as Section 307 of the Indian Penal Code.

(3.) The witnesses have supported the prosecution version of the occurrence. It also appears that Title Suit No. 149 of 1994 was pending at the time the occurrence took place regarding the lands on which the occurrence took place