Judgment

DUA, J.: - The appellant, Basudev Hazra, was a leaseholder in respect of tolls of the public ferry at Sadar Ghat on the outskirts of Burdwan town for crossing the river Damodar This lease was for a period of three years (August 14, 1963 to August 13, 1966) Ex. 2. On November 30, 1964 Matiar Rahman Mandal filed a complaint against the appellant in the court of the Sadar Sub-Divisional Officer (Judicial) Burdwan alleging that the appellant used to realise illegally 20np. per cart from the cultivators who used to drive their carts across the dry bed of the river. The matter was reported to the S. D. O. who directed an enquiry. This infuriated the appellant. On November 29, 1964 the appellant realised double the amount of toll and on protest and refusal by the complainant he was threatened with violence by the appellant.

2. The Magistrate trying the appellant for offences under Ss. 23 and 24 of the Bengal Ferries Act, 1 of 1885 convicted him of both the offences. The appellant was sentenced to a fine of Rs. 10 under Sec. 23 and to a fine of Rs. 20/ under Section 24: in default of payment of fine in the former case he was to undergo simple imprisonment for ten days and in the lat