NEFAZUDDIN MONDAL AND 17 Others vs MAFIZUDDIN Mullaoppositeparty — 1970 PCRLJ 38

Citation: 1970 PCRLJ 38

Court: Dacca

Year: 1969

Decision Date: 1969-06-09

Parties: NEFAZUDDIN MONDAL AND 17 Others vs MAFIZUDDIN Mullaoppositeparty

Headnotes

Case cited as 1970 PCRLJ 38

Judgment Text

Court Name: Dacca Judge(s): Abdullah Jabir Title: NEFAZUDDIN MONDAL AND 17 Others vs MAFIZUDDIN Mullaoppositeparty Case No.: Criminal Revision No. 632 of 1968 Date of Judgment:1969-06-09 Reported As: 1970 P Cr. L J 38 Result: Order made absolute JUDGMENT JUDGMENT This petition arises out of conviction of the petitioners Nefazuddin Mondal and 17 others under section 427, P. P. C. And sentence of a fine of Rs. 50 in default, to rigorous imprison--ment for two months each by Mr. A. U. Mondal, Lawyer Magistrate, Ist Class, Dinajpur. The petitioners preferred, a revisional application before the Sessions Judge of Dinajpur who rejected the same. Hence this application. The prosecution case is that the complainant Mofizuddin Molla was in possession of the disputed land measuring about 1 acre on the northern side Plot No. 175 of Mouza Madhya Durgapur and that the accused petitioners entered into the disputed land on 3rd Agrahayan, 1373 B. S. Corresponding to 19-11-66 and took away his unripe paddy therefrom causing loss of about Rs. 400. They were charged under section 427, P. P. C. To which they pleaded not guilty. The defence case was that they were in possession of the disputed land and had grown the paddy which they took away. The learned Magistrate upon evidence on record found the petitioners guilty and convicted and sentenced them as stated above. Mr. Abdul Hamid, learned Advocate appearing on behalf of the petitioners contended that the petitioners asserted bona fide claim…

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