JUDGMENT

Bibek Chaudhuri, J. - This is an appeal filed by the Convicts of Sessions Case No. 56(4)/2007 assailing the order of conviction under Sections 325/34 of the Indian Penal Code and consequent sentence of rigorous imprisonment for three years with fine of Rs.1,000/- each, in default, to suffer further rigorous imprisonment for one month each for the offence punishable under the above penal provisions.

2. One Jahangir Mondal lodged a written complaint to the Officer- in-Charge, Tehatta Police Station on 12th May, 1999 alleging, inter alia, that on 12th May he went to his mango grove at village Digbareya at about 6.00 A.M. At about 8.00 A.M. his son, Kedi Rahaman informed him that a number of people illegally trespassed into his house and caused assault to his family members. It was stated by the de facto complainant that at the southern side of his house, he stacked straw and his younger brother was raising a fencing around the heaps of straw. His avuncular brothers, namely Asbar, Nasir and Delwar Mondal used the said place as a pathway. They restrained the younger brother of the de facto complainant to raise a fencing around the said area and over the said issue a dispute cropp