Patna High Court
Bodh Kishen Goala vs Emperor Through Peary Dusadh on 9 January, 1923
Equivalent citations: 72IND. CAS.614
JUDGMENT Ross, J.
1. The petitioner was fined Rs. 50 on conviction under Section 379 of the Indian Penal Code on a charge of having removed the crops belonging to Peary Dusadh on the 24th March 1922. It appears that the lands are diara lands and the complainant and the accused have fields adjoining each other. As there was no dividing line an Amin was brought who damaracted the boundaries on the 23rd March. The case for the prosecution is that on the following day the accused removed some crops from the complainant's side of the line. The contention on behalf of the petitioner is that there is a distinction between the lands and the crops grown thereon and although the land on which the crops are alleged to have been grown by the complainant had been awarded to him the accused may have been under the belief that he was entitled to the crops. The distinction is obvious and it seems to me that the conviction in this case has rested merely on the facts that a demarcation had taken place and that the land on which the crop was grown had been awarded to the complainant. But it is not clear how on these facts the accused was guilty of theft in removing the crops if he removed them under the impression that the crops were sown by him and that he was entitled to them. In fact, the Magistrate expressly says that it may be that the accused may have been under the impression that he sowed that disputed portion and was, therefore, entitled to remove the crops thereon. He goes on to say that this plea could have been put forward with some force if there had been no demarcation on the 23rd March. But how the demarcation affects this question I have not been able to understand. In my opinion, there is no reason on the record for holding that the accused was not acting bona fide in taking the crops in dispute although the demarcation line had been given against him. The application is allowed and the conviction and the sentence are set aside. The fine, if paid, will be refunded.