TILESWAR KALITA AND ORS. Vs. TANKESWAR BARUA AND ANR.

JUDGEMENT

(1.) THIS petition of revision is directed against the order of the District Magistrate, Sibsagar, dated 29th March 1950 by which the order of the 3rd Class Magistrate, Sibsagar, convicting the petitioners under Section 426, Penal Code, and sentencing them to pay varying amounts of fine was upheld.

(2.) THE prosecution case was that the land in dispute measuring 9 bighas belonged to the complainant. It was in his possession. He got the land ploughed and had it transplanted through Bhekuli Saikia, P. W. 1. Subsequently, the accused trespassed into the land, harrowed the entire transplanted paddy over 5 bighas and completely destroyed it.

(3.) THE defence was that 3 of the accused persons were in occupation of the land in question for about 10 years or even more and they got the land ploughed and transplanted as before even at the time when, according to the complainant, he was dispossessed. They denied the allegation of the complainant that the land was cultivated by his Halowa (ploughmen) in the year 1949 as alleged.