A.K.Dutta, J. - (1.) The instant Revisional Application by the petitioner-accused (hereinafter referred to as accused) under section 401, read with section 482 of the Code of Criminal Procedure (hereinafter shortened into Code) is directed against judgment and order dated 3rd March, 1989 passed by the Additional Sessions Judge, 1st Court, at Alipore in Criminal Appeal No. 12 of 1988 before him, affirming the judgment and order dated 17th March, 1988 passed by the Judicial Magistrate, 1st Class, at Basirhat in G.R. Case No. 677 of 1980/T.R. No. 422 of 1980 before him, on the grounds made out therein.
(2.) The said case before the learned Magistrate arose out of an F.I.R. lodged on 28.4.1980 by the informant-Bijoylal Sikder alleging, inter alia, that the father of the accused had purchased the adjacent northern land, and had constructed house thereon. The informant had constructed a boundary wall of his house to the contiguous south in the year 1966. A boundary dispute arose between the parties about 3/4 months back for which a survey was undertaken at their instance; but to no effect. On 27th April, 1980, the accused, along with others, had threatened the informant and had asked him to demolish the boundary wall raised by him for which a diary had been lodged at the Basirhat P.S., being G.D. Entry No. 1797 dated 27.4.80. On the following day, 28.4.80, at about 7.30 A.M., the accused, along with 7/8 others, had come to the house of the informant and had demolished the boundary wall on the north-western corner, causing loss of about Rs. 300/400 to him.
(3.) On the aforesaid allegations the accused had been prosecuted for having allegedly committed an offence punishable under section 427 of the Indian Penal Code.;