RAKHAL DOULI Vs. MAKHAM LAL GHOSE

JUDGEMENT

(1.) The facts of the case on which this rule has been granted are these; the petitioners ware convicted under Secs.143 and 379, I.P.C., and sentenced to a fine of Rs. 100 in default to three months rigorous imprisonment under Section 379. No separate sentence was passed under Section 143, I.P.C.

(2.) The case against them was that, on 1 November 1925, they cut and took away the complainant's paddy. The defence was that the petitioners grew the paddy and so cut it.

(3.) The Magistrate found that the complainant was in possession and grew the paddy. Hence he convicted the petitioner as stated above. On appeal the learned Additional Sessions Judge held that there had been certain proceedings under Section 145, Criminal P.C., and the result of those proceedings was that, on the 28 of January 1925, the complainant was declared to be in possession, and further, that he would remain in possession till evicted in due course of law. Hence the learned Judge argued that it was idle for the appellants to produce evidence that they were in actual possession; for, even if it be so, they cannot be anything but trespassers. Hence he held that the conviction was right.