MATTE MANDAL Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal by 15 persons who have been convicted by the Additional Sessions Judge of Santhal Perganahs on 8 September 1931, on charges as below:

(2.) The sentences have been directed to take effect concurrently.

(3.) The prosecution case was that there had been dispute over fishery rights in the river Sunder at the portion known as Telia Bandh where there was a dam in the river for irrigation purposes and to prevent fish from escaping. The accused's party claimed to have a right of fishing in this bandh by virtue of an old settlement on payment of Rs. 4 annually. The settlement is said to have been made with a common ancestor of the principal accused and of Ainullah, but no document of lease appears to exist. The zamindar in 1336 made a settlement of the entire fishery right in the disputed water with Ainullah and again made settlement with him in 1338 on a rental of Rs. 41.