SHAIKH GARIB HAJI Vs. MUCHIRAM SHAU

JUDGEMENT

(1.) This is a referenda under Section 438 of the Cr. P.C. made by the learned Sessions Judge of Birbhum.

(2.) It appears that the two accused, who were father and son, were convicted of an offence under Section 379 of the Indian Penal Code in respect of two trees which they cut down either partly or altogether.

(3.) The facts show that they were admittedly occupying a pachai shop for about three years and that upon the bank of a tank near by, these trees were growing in what formed the compound of the house occupied by the accused.