RAMSINGH BABANJI Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioner, who was A-l in C.C. No. 841 of 1969 on the file of the II Magistrate, Bangalore has been convicted and sentenced for an offence under Section 448 of the Indian Penal Code. He was sentenced to undergo simple imrisonment for two weeks and to pay a fine of Rs. 200/- and in default to undergo S. I. for further period of one month. In Criminal Appeal No. 182 of 1970. the I Additional Sessions Judge. Bangalore, has confirmed the conviction. but modified the sentence to one of fine of Rs. 200/- and in default to simple imprisonment for one month.

(2.) Originally, wife and daughter of the petitioner were A-2 and A-3 in the said case. They were acquitted in the trial Court. The prosecution case is that somewhere in the year 1962, A-2 executed a mortgage deed in the form of a sale-deed in favour of P. W. 1 the complainant and mortgaged her property a house. On the very day P. W. 1 executed a deed binding himself liable to re-convey the property on the payment of the amount within a stipulated period. On the very day itself. he took a lease-deed from A-l the petitioner. On the basis of this lease deed P. W. 1 instituted proceedings for eviction under the House Rent Control Act, against the petitioner. He secured an order in his favour. He sought out execution in Execution Petition No. 13 of 1967, and ultimately delivery of possession of the property was ordered on 11-1-1967. It is the case of the prosecution that on 23-3-1967 Amin P. W. 5 executed this order of eviction and handed over possession of the property to P. W. 1. On 24-3-1967 the petitioner broke open the lock put by P. W. 1 to the house and effected forcible entry and kept his things inside the house. Thereafter. an application was filed which resulted in the prosecution of the said three persons.

(3.) The contention of the petitioner is that he was not aware of the execution proceedings and the delivery of possession on 23-3-1967 was not made when he was present and as such he has not committed any offence.