ABDUL KADER Vs. ABDUL KASIM

JUDGEMENT

(1.) "While not admitting the correctness of the findings of the lower appellate Court to the effect that the land which is the subject of the case is a graveyard, that the complainant's father and aunt were buried in the so-called graveyard, and that certain structures had been erected over their graves, Mr. Talukdar has directed his main argument on behalf of the petitioners against the findings of the lower appellate Court to the effect that the petitioners damaged the structures referred to above, that they did so with the knowledge that the complainant's feelings were likely to be wounded thereby, and that in damaging the said structures with such knowledge the petitioners committed an offence under Section 297, I. P. C.

(2.) The lower appellate Court has come to a clear finding to the effect that it had been established beyond doubt that the petitioner damaged the structures in question, but it has not discussed the evidence on which this finding is based, the reason given being that the fact had hardly been disputed by the defence. In the judgment of the trial Court it is stated that: " the defence case is that the accused got a decree for khas possession of the land comprising the graveyard and got delivery of possession from the civil Court, and that the grave of the complainant's father was not a , real grave but a mock structure created during the pendency of the civil suit and as such they are entitled to break and demolish the mock grave," and also that: the point for determination is whether the graves were real graves or mock structures.

(3.) Having regard to the nature of the defence raised in the trial Court it is pretty clear that the evidence to the effect that the petitioners had damaged the structures in question was not and could not be seriously challenged before the lower appellate Court, I have no doubt that the said Court was quite right in stating that the fact had hardly been disputed by the defence, and this being so it was not in my opinion necessary for the appellate Court to discuss the evidence on the point, though it would perhaps have been better if some indication had been given of the nature of that evidence.