SHITAL MAHATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision is directed against the order of the Assistant Sessions Judge of Monghyr, dated the 17th December, 1965 by which he upheld the conviction and sentence passed against these petitioners under Sections 379/114 of the Indian Penal Code by a Munsif Magistrate of Monghyr. The only point of law that has been raised at the time of argument was that in absence of any charge under Section 379/114 the courts below were wrong in convicting and sentencing these petitioners under that Section.

(2.) The prosecution case, was that one Narsingh Mandal, Malik of the complainant, had 24 Bighas of land in his Khas cultivation at Kutlupur Diara. The complainant was his Kamatia. It was alleged that on 5th March, 1964 at about 8 a.m. these petitioners armed with Bhala leading a mob of 100 persons came over the same land and began to uproot Kerao crops grown by Narsingh Mandal. The complainant, Ramrup Mahto, who was then keeping, a watch, protested, whereupon the accused persons i.e. these petitioners assaulted him with fists and slaps. The mob took away the uprooted crops causing a loss of Rs. 600/ - to Narsingh Mandal.

(3.) The defence was that these petitioners has taken Batai settlement of the 22 bighas of land including the lands from which crops were removed, from Narsingh Maudal in 1367 Fasli and since then they have been coming in cultivating possession of the same. It was alleged that the crops in question had been grown by the accused persons and that they had harvested them peacefully a few days before the alleged date of occurrence. The occurrence itself was denied and it was contended that the case was falsely instituted to put pressure on the accused persons, so that they may give up the possession over the land in question.