ELANGBAM CHANDRA SINGH AND ORS. Vs. YENSEMBAM MAIMU SINGH AND ANR.

JUDGEMENT

(1.) THIS is a reference by the Additional Sessions Judge (II) Manipur, made at the instance of 5 petitioners who were convicted under Sections 143 and 447, I.P.C. and sentenced to fine of Rs. 30/ - each under each of the counts by the S.D.M. Thoubal.

(2.) THE case against the petitioners was that on 13.9.59 they formed themselves into an unlawful assembly with the common object of criminal trespass into the lands of the respondent, namely patta Nos. 127/50 and 127/201 and that they actually committed criminal trespass. In support of the prosecution, 6 P. Ws. were examined. The defence of the petitioner was a denial of the trespass.

(3.) I am unable to see how Section 71 I.P.C. would enter into the picture at all. Section 71 states as follows: