Yakub Sheikh vs King - 1949 Supreme(Cal) 361

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1949 Supreme(Cal) 361

SEN
Yakub Sheikh – Appellant
Versus
King – Respondent

Advocates appeared:
Amiyalal Chatterjee and Sudhansu Kumar Sen, for the Appellant; M. Asir, for the Respondent

ORDER

Sen, J. - This rule has been obtained by the two accused who have been convicted of having committed theft. The first accused Yakub Sheikh has been sentenced to pay a fine of Rs. 200 in default to undergo rigorous imprisonment for three months. The second accused Malek Sheikh has been dealt with in accordance with the provisions of Section 562, Criminal P. C. and released after due admonition. Half of the fine has been directed to be paid to Kalu Santal as compensation.

2. The case for the prosecution is that Kalu Santal was in possession of certain land as the adiar of one Charan Das Chatterjee. He grew paddy on the land and reaped it. On the date of occurrence the two accused persons came there and removed paddy and straw in spite of protests. The defence taken is a denial of the occurrence and it was contended on behalf of the defence that the land on which the paddy was grown belonged to the accused Yakub. The learned Magistrate has disbelieved the defence case and convicted the accused. On appeal the Additional District Magistrate has after criticising the judgment of the learned trial Magistrate somewhat adversely upheld the decision and dismissed the appeal.

3. The point

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