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Judgment
Abdur Rahim, J.—The conviction udder Section 447, Indian Penal Code, cannot be sustained. None of the Magistrates find that the
intention of the accused in entering upon the land in dispute was to intimidate, annoy or insult the Prosecution witness No. 1 or to commit any
offence. The only inference to be drawn from the facts, as disclosed in the evidence, is that the accused entered the land in order to assert the right
which they claimed in the land, but that is not sufficient to bring the conduct within the definition of criminal trespass as given in Section 441, Indian
Penal Code. I set aside the convictions of all the accused u/s 447 and also the sentences against the accused Nos. 1 to 4. The fines, if paid, by the
accused Nos. 1 to 4 will be refunded to them. The conviction of the fifth accused u/s 323, Indian Penal Code, is supported by evidence and will
stand. But as he has been sentenced by the Joint Magistrate under Sections 323 and 447, Indian Penal Code, to a fine of Rs. 15, 1 reduce the fine
against the fifth accused to Rs. 12.