P.K.GOSWAMI
HALIM MUNSHI – Appellant
Versus
STATE OF ASSAM – Respondent
This Criminal revision is directed against the conviction under Section 447, Indian Penal Code. The three accused were sentenced to a fine of Rs. 50/- each, in default, rigorous imprisonment for 15 days. They moved the learned Sessions Judge in revision unsuccessfully.
2. The prosecution case is that on 11-1-67 these accused persons trespassed into the complainant's land and ploughed over it. One of the accused seemed to have put forward a claim of right which he failed to establish. Both the courts below held that there was sufficient evidence to establish the charge.
3. Mr. Bari, the learned counsel for the petitioners, submits that the conviction is bad in law inasmuch as there was non-compliance of Section 242 of the Code of Criminal Procedure. It is true that the order-sheet of the trial court does not show that the allegations in the complaint had been explained to the accused on their appearance. They were, however, examined at the close of the trial under Section 342 Criminal Procedure Code when the question of trespass was brought to their attention and each of them denied their guilt. The accused had not raised any objection on this score before the trial court nor
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