SARAT CHANDRA SEN Vs. YAKUB TALUQDAR

JUDGEMENT

(1.) Letter of Reference which was as follows: - Under Section 438 of the Criminal Procedure Code, I have the honour to submit herewith the record of the marginally noted case for necessary orders by the Hon ble Court.

(2.) The case for the prosecution was that one Kishori Mohan was a Bhuggattardar under one Jogeswari Gupta in respect of his homestead piece of land, that Kishori Mohan was at Nwadip for some time and that his brother was placed in charge of that bari, that one day in last November the landlord had a jack fruit tree worth Rs. 15 or Rs. 20 removed from the bari through his servants and that the servants thus committed an offence under Secs.426 and 352 of the Indian Penal Code.

(3.) The defences were that the tree removed was a dead one, that the tree was removed under the orders of the landlord who was entitled to it, that the servants removed it bona fide without any criminal intention, that Kishori had left and had disposed of the bari and that the land was in khas possession of the landlord.