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1965 Supreme(Ori) 118

MISRA
HEDAYAT MAHAMMAD SHAH SAHAJI – Appellant
Versus
KINU CHARAN LENKA – Respondent


Advocates Appeared:
H. Kanungo and R.N. Mohanty, for the Appellant; D. Mohanty and P.V. Ramdas, for the Respondent

JUDGMENT :

Misra, J. - Petitioner No. 1 is the landlord. Petitioner No. 2 Agani Das, is his bhag-chasi and Petitioner No. 3 was engaged in paddy cutting on the date of occurrence which is on 2-12-162. They were convicted under Sections 379 and 447, Indian Penal Code and each of them was sentenced to pay a fine of Rs. 100 and Rs. 50, in difficult to undergo R.I. for 2 months and one month under Sections 37 and 447 respectively. In appeal, the learned Sessions Judge maintained the conviction under both the sections but set aside the sentence of payment of fine u/s 447 on the ground that no separate sentence was called for in the facts and circumstances of this case. Against the appellate order, the criminal revision has been filed

2. The disputed lands constitute 2.91 acres. The complainant (p.w.1) purchased the same from one Kartik under a registered sale deed (Ext. 1) dated 30-3-1962. It is the case of p.w.1 that he grew the crop after his purchase. But on 2-12.1962, the Petitioners reaped away the crop. Kartik claimed this property as having inherited after the death of Aparti, the widow of Nalu, his own maternal uncle. Complainant's case is that Aparti was in possession of the Disp















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