On December 28, 1953, a bench of the Gram Cutcherry acquitted all the accused persons.
The appeal was heard on June 24, 1954, and the full bench by a majority, with three dissentient panches, held the three appellants guilty of the offence under s. 379, Indian Penal Code, and sentenced them to imprisonment for fifteen days each.
The appellants then moved this Court and obtained special leave under Art.
The case was instituted before the Gram Cutcherry of Bankat in the district of Champaran, companystituted under the provisions of the Bihar Panchayat Raj Act, 1947 Bihar Act 7 of 1948 , hereinafter referred to as the Act.
145 of 1955.
Appeal by special leave from the judgment and order dated July 20, 1954, of the Patna High Court in Criminal Miscellaneous No.
Altogether four witnesses were examined in the case, two on behalf of the prosecution and two for the accused persons.
The appellants then moved the High Court of Patna under Arts.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
228 of 1954.
The relevant facts are these.
226 and 227 of the Constitution of India.
C. Prasad, for the respondents.
The Judgment of the Court was delivered by K. DAS J. This is an appeal by special leave from an order of summary dismissal passed by the High Court of Patna on July 20, 1954, on an application under Arts.
P. Verma, for the appellants.
April 22.
On January 7, 1954, Uma Shankar Prasad preferred an appeal under s. 67 of the Act.
The defence of some of the accused persons was that the land on which the crops stood belonged to one Yogi Sahni, who had sold it to Sunder Singh, accused, on September, 25, 1953.
One Uma Shankar Prasad instituted a case against eight persons, including the three appellants before us, Baldeo Singh, Ramdeo Singh and Sheodhar Singh, on the allegation that they had forcibly cut and removed urad and Kodo crops from his field in village Darwan on October 1, 1953, at about 10 a.m. Uma Shankar said that he objected, but was threatened with assault.
