Barelal Singh and Others vs The State of Bihar

P.K. Deb, J.—Heard learned Counsel for the parties.

This revision petition has been preferred against the judgment of conviction and sentence passed by the 2nd Addi. Sessions Judge, Khagaria in Cr. Appeal No. 44 of 1999 preferred by the Petitioners against the judgment of conviction and sentence passed by the Judicial Magistrate 1st Class, Khagaria in G.R. Case No. 1148/1996. The conviction arrived at under Sections 144 and 379/34 of the Indian Penal Code has been confirmed by the Appellate Court but the sentence imposed by the trial Court has been modified to the extent of releasing the Petitioners on probation entering into a bond of Rs. 2,000/- each for a period of one year for maintaining peace and good behaviour.

The only point that has been raised before this Court is that the courts below did not consider the fact that the Petitioners, who were accused in the case, were having bonafide claim over the land in dispute. The informants are the purchasers of the land which was being auctioned in a rent suit against the predecessors of the accused persons. It was found that nowheve there is any evidence of the documents to the effect that after auction purchase delivery of possession was there while according to the Petitioners, they were in possession as Khatiyani raiyat and they remained in possession as such. It is an admitted principle of law that when there is bonafide claim of right of possession then there cannot be any conviction either u/s 144 or u/s 379 of the Indian Penal Code. From the Appellate Court''s order as contemplated under paragraphs 8 and 9, it appears that such bonafide claim from the side of the Petitioners was accepted by the learned Appellate Court but on the other hand he held that regarding transplantation of paddy the informant''s side could prove it. When bonafide claim is there regarding right of possession then the question of transplantation or growing of paddy is of no consequence as per the settled principles. In that way the conviction arrived at is bad in the eye of law. Hence, this revision petition is hereby allowed. Conviction and sentence or the order of bond .being passed are hereby quashed.