JUDGMENT :

B.K. Patra, J. - The Petitioners had been convicted u/s 447, Indian Penal Code and sentenced to pay a fine of Rs. 60/- each and in default to undergo rigorous imprisonment for two weeks. Petitioner No. 1 had been further convicted u/s 323, Indian Penal Code and sentenced to pay a fine of Rs. 30/- and in default to undergo rigorous imprisonment for one week. During the pendency of this revision petition, Petitioner No. 1 died and his name was struck off.

2. The opposite party Gurubari Naik who was the complainant in the trial Court is the Ex.Choukidar of Mouza. Chhachina. It is the prosecution case that after the abolition of the choukidari system, the opposite party was given a lease by Government in respect of one acre of land out of Anabadi Plot No. 1633 of that village. Sometime in the year 1963 on 15.9.1965, when the opposite party and his sons were ploughing the land, the Petitioners are alleged to have gone over the land and obstructed them form ploughing the same. On the protest by the opposite party, the deceased Petitioner Krushna Bhuyan is alleged to have given him a push. The defence plea is a denial of the occurrence. According to the Petitioners, the disputed