IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REVISION No.643 of 2008
LANGAR MIAN & ORS
Versus
STATE OF BIHAR
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2. 08.07.2008. Heard learned counsel for the petitioners and State.
2. Petitioners are alleged to have forcibly harvested the
crops from Plot No. 955 for which a complaint was filed alleging
offences under Sections 323, 147 and 379 of the Penal Code. The trial
court having considered the evidence acquitted the petitioners for the
offences under Sections 323 and 147 of the Penal Code but convicted
them for the offence under Section 379 of the Penal Code i.e. for the
offence of forcibly harvesting the crops from Plot No. 955 and
imposed a sentence of three years’ simple imprisonment under
judgment dated 30.9.2005 passed by Sri Dhananjay Kumar Mishra
Judicial Magistrate, 1st Class, West Champaran, Bettiah in Complaint
Case No. 489 of 1999/ Tr. No. 99 of 2005. Said judgment has also
been affirmed in appeal by the appellate court (Additional District &
Sessions Judge, Fast Track Court No.-III, West Champaran, Bettiah
under judgment dated 27th March, 2008 passed in Cr. Appeal No. 45
of 2005.
3. Learned counsel for the petitioner assails the conviction
of the petitioners under Section 379 of the Penal Code on the ground
that the lands over which forcible harvesting is alleged and found by
the courts below are the subject matter of a proceeding under Section
145 Cr.P.C. and until such proceeding is disposed of by the Magistrate
in favour of the complainant declaring his possession it is wholly
erroneous for the courts below to hold that petitioners have forcibly
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harvested the crops from the plot which is subject matter of the 145
Cr.P.C. proceeding.
4. I regret not to accept the aforesaid submission as from the
judgments of the two courts below, it is evident that the petitioners
have not even claimed possession over Plot No.955, the plot over
which they have been found indulging in forcible harvesting. In the
circumstances, the submission raised is absolutely without any basis,
which is rejected. However, considering the fact that the petitioners
have been convicted for the offence of forcible harvesting and instant
is their first conviction the courts below ought to have considered their
release under the provisions contained in Sections 360 and 361 of the
Cr.P.C. as also under Section 4 of Probation of Offenders Act, 1958, I
direct that the petitioners, namely, (1). Langar Mian, (2). Ali Ahmad
Mian and (3). Khedan Mukhiya be released in connection with
Complaint Case No. 489 of 1999/ Tr.No. 99 of 2005, if not wanted in
any other case, on execution of bond of Rs. 5000/- (Five thousand)
each in the court below (Shri Dhananjay Kumar Mishra, J.M., 1st
Class, West Champaran, Bettiah) for maintaining good conduct for the
period of their sentence. While parting with this case, I would like to
observe that Section 145 Cr.P.C. proceeding, pending between the
parties, be decided on its own merit, without being prejudiced by the
findings recorded by the two courts below in the impugned judgment.
5. This Cr. Revision application is, accordingly, disposed of.
6. Let this order be communicated to the court below
through fax on payment of usual charges by the petitioners.
P.K.P. (V.N.Sinha,J.)
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