RAMRATNA SINGH, S.P.SINGH
Khoshi Mahton – Appellant
Versus
State Of Bihar – Respondent
Ramratna Singh, J.
1. The facts giving rise to this application are these. There was a proceeding under Sec.144 of, the Code of Criminal Procedure between the petitioners on one side and one Ibrahim Mian on the other, and both the parties were restrained from going over a particular piece of land over which paddy crops were standing. Notices were duly served on the parties on the 19th November, 1959. Subsequently, a petition was filed by Ibrahim Mian that the petitioners, along with others, went to the afore said land on the 24th November, 1959, and cut and re moved the standing paddy crops therefrom. After a police enquiry, a case under Sec.188 of the Indian Penal Code against the petitioners was instituted by the State.
2. The petitioners pleaded innocence, and said that they did not go to the land nor did they cut or remove paddy crops standing thereon. The learned Magistrate accepted the case of the prosecution and further held that this action of the petitioners which amounted to disobedience of the orders under Sec.144 tended to cause a riot or affray. The petitioners were, therefore, convicted under Sec.188, I. P. C. and sentenced to undergo rigorous Imprisonment for
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