ABINASH CHANDRA SARKAR Vs. ATUL KRISHNA BOSE

JUDGEMENT

(1.) This was a Rule directed to the District Magistrate to show cause why the conviction of and the sentence passed on the petitioners should not be set aside on grounds Nos. 1 and 3 mentioned in the petition. Those grounds were as follows : "1. For that the conviction under Section 379, Indian Penal Code, is bad in law and not sustainable on the facts and circumstances proved in the case 3. For that the petitioners having acted bona fide in the exercise of their civil rights, the conviction is bad in law."

(2.) Both the petitioners were convicted under Section 379, the allegation being that they cut and stole some ripe paddy which had been grown on 5 or 6 bighas of land which were in the possession of the complainant, one Atul Krishna Bose.

(3.) The facts of the case may be shortly stated as follows : One Aswini Kumar Palit went into possession of the land in question in 1906: the complainant Atul Krishna Bose obtained a decree for possession against Aswini Kumar Palit : and, it is found by the learned Magistrate that he obtained actual possession of the land on the 20th of September 1917.