HARI LAL SAH Vs. KEDAR NATH SAH

JUDGEMENT

(1.) THIS criminal revision application is directed against the judgment and order dated 18.3.1989 passed by Sessions Judge, Katihar, in Cr. Appeal No. 17 of 1987 dismissing the said appeal and affirming and upholding the judgment and order dated 30.3.1987 passed by Judicial Magistrate, Katihar, in CA No. 428 of 1982Tr. No. 434 of 1987. The learned magistrate had convicted the petitioners under Sections 144 and 379 of the Indian Penal Code. However, instead of sentencing them he ordered them to he released on probation on execution of probation bonds of Rs. 2,000/ (Rupees two thousand) with two sureties of the like amount for two years to maintain peace and good behaviour.

(2.) IT appears that the Trial proceeded on a complaint lodged by Kedar Nath Sah, the opposite party No. 1 alleging that plot No. 1554 and 1555 situated at Mauza Amirpur Hasda under Korha Police Station, district Katihar was attached under Section 146(1) of the Code of Criminal Procedure (hereinafter referred to as the Code) and the complainant being the highest bidder got the land on lease for the period from 29.1.1982 to 28.1.1983 and he raised the paddy crop in the said plots. It was stated that the petitioners, in collusion with each along with 10 15 unknown persons, forcibly harvested the said paddy crop and took away the same causing loss to the tune of Rs. 1,400/ to the complainant and when complainant protested the accused threatened him to kill.

(3.) THE learned Counsel for the petitioners has contended that the entire trial is vitiated as the cognizance of the offence was taken beyond the limitation period of three years as prescribed under Section 468 of the Code. It is contended that the incident is said to have taken place on 1.7.1982 and the complaint was filed on 2.7.1984 and the complainant was examined on 3.7.1984. However, cognizance was taken on 17.12.1985. The learned Counsel referred to Annexure 2, the copy of the order dated 17.12.1985.