JUDGMENT :

Barman, J. - This revision is directed against an order passed by the Magistrate 1st class, Cuttack, convicting the accused-Petitioners u/s 427 Indian Penal Code and sentencing each of them to pay a fine of Rs. 40/- in default to rigorous imprisonment for fifteen days each in Case No. 725 C-1 of 1955.

2. The complainant was the owner of a plot of land No. 1157 and the accused-Petitioners were the owners of the adjoining plot of land No. 1158 at Mouza Banpur within police station Mahallga in district Cuttack. The prosecution case is that on August 4, 1955 the accused Petitioners had cut and removed the boundary ridge between these two adjoining plots during the temporary absence of the complainant and had constructed a new ridge after encroaching upon the complainant's plot No. 1157. The accused persons were charged with the offence of causing mischief u/s 427 Indian Penal Code. At the trial there were four witnesses called by the prosecution. The complainant P.W. 1 was not an eye-witness to the occurrence. P.W. 4 was a witness after the occurrence. The eye-witnesses to the alleged encroachment were P.W. 2, a former servant of the complainant, and P.W. 3, a day labourer. Th