KALI DAS MUKHERJI Vs. EMPEROR

JUDGEMENT

(1.) In this case a rule was isued on the District Magistrate of Khulna and on the opposite party Amulya Ratan Kanjilal to show cause why the conviction of the three petitioners Kali Das Mukherjee, Bimal Kanti Chakravarty and Karnadhar Roy Mondal and the sentences passed on them should not be set aside.

(2.) The charges against the three petitioners one were Under Section 147, and the other Under Section 427, Indian Penal Code. They were charged for that on 28-3-1913, at Lockpur Bazar under police station Jakirhat in the Bagerhat sub-division of Khulna district; they were members of an unlawful assembly the common object of which was to loot the cutchery, demolish the privy and erect fencing on the land of the cutchery belonging to Kai Bahadur Sailendra Nath Ghose and others on settlement plots No. 879, 878, 881 find 883 of Mouza Lockpur and in prosecution of that common object committed an offence of doting and thereby committed an offence Under Rule 147, Indian Penal Code. They also stood charged that on the same day and at the same place they committed mischief to the extent of about its. 300 by demolishing the privy attached to the cutchery on plot No. 878 in the lawful possession of Kai Bahadur Sailendra Nath Ghose and others and thereby committed an offence Under Rule 127, Indian Penal Code.

(3.) The origin of the incident which forms she subject-matte of the present proceedings is a quairel between Rai Bahadur Sailendra Nath Ghose and his rival landlord Babu Dhirendra Nath Ghose over the Lockpur new fiat which lies to the east of the District Board Road. Babu Dhirendra Nath Ghose does not lay any claim to the old hat which lies to the west of the District Board Road but the dispute has arisen in connection with the new hat which the Rai Bahadur is establishing over plot No. 879 of the cadastral survey map on which plot the new cutchery is located and its adjacent plots. It is claimed on the side of the prosecution that as a result of this dispute in the early hours of the morning of 28-3-1945 the incident complained of actually took place. The petitioners were tried by Mr. S.C. Mukherjee, a Magistrate of the first class at Bagerhat and were convicted Under Secs.147 and 427, Indian Penal Code. The two petitioners Kali Das Mukherjee and Bimal Kanti Chakravarty were sentenced to a fine of Rs. 200 each while the third petitioner Karnadhar Roy Mondal was sentenced to concurrent terms of six months imprisonment under each of the two Sections. On appeal the learned Sessions Judge reduced the sentences of fine passed on the two petitioners Kali Das Mukherjee and Bimal Kanti Chakravarty to a fine of Rs. 150 but maintained the sentence of rigorous imprisonment imposed on the petitioner Karnadhar Roy Mondal.