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1971 Supreme(SC) 234

A.N.RAY, C.A.VAIDIALINGAM
Sukra Mahto – Appellant
Versus
Basdeo Kumar Mahto – Respondent


Advocates:
D.GOVERDHAN CHARY, GANPAT RAI, RAM DAS

Judgment

RAY, J.: - This is an appeal by special leave from the judgment and order of the Patna High Court dated 30 October, 1967 dismissing an application in the criminal revisional jurisdiction against the judgment of the First Additional Judicial Commissioner Ranchi dated 31-7-1971 upholding the conviction and sentence passed by the Judicial Magistrate, First Class, Ranchi. The appellant was convicted under Section 500 of the Indian Penal Code and sentenced to pay a fine of Rs. 500 and in default to suffer simple imprisonment for three months

2. There was a proceeding under Section 144 of the Criminal Procedure Code between the respondents and the appellant regarding some land in the village Hatma in the district of Ranchi in the State of Bihar. The land was recorded in the names of two brothers Karma Ahir and Faizu Ahir. The appellant is the grand-son of Kanna Ahir. Faizu Ahir had two sons by his first wife. Both of them died during his lifetime. The respondent and his brother Sahdeo Mahto claimed the land as sons of Faizu Ahir by his second wife. This led to a dispute between the parties. There was a proceeding under Section 144 of the Criminal Procedure Code. Both the parties w















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