CHANNABASAPPA DODDABASAPPA MURALIHALLI Vs. STATE OF MYSORE

JUDGEMENT

(1.) This is an application for revision against the conviction of the petitioner for an offence under Section 353, IPC.

(2.) One Irappa, brother of the petitioner, owned several houses in Kittur village in Haveri Taluk, Dharwar District. He had not paid taxes for the houses. The village Panchayat passed a resolution dt.25-11-1969 to the effect that distress warrants should be issued against all the defaulters. In pursuance of the resolution, the Chairman of the Village Panchayat issued a warrant (Ex.P-.5) against Irappa, that m case, he failed to pay the taxes his moveables would be attached. Rudrappa (PW.1), who was the Secretary of the Village Panchayat was authorised to execute the warrant. On 30-12-1969 Rudrappa along with Elangouda (PW.2) Patil of the village, Hanumappa Talwar (PW.3), Walikar of the Village, Fakeerappa Talwar (PW.4), Sepoy of Panchayat Office went to the house of Irappa to execute the warrant. Irappa was not in the house. Rudrappa asked the petitioner to pay the tax. The petitioner requested two weeks time to pay the tax. In the meanwhile, the cattle from inside the house came out driven by a boy obviously for grazing. Then Rudrappa asked the Talwar and the Sepoy (PWs. 3 and 4) to detain the cattle so that he might attach them. It appears that at that time according to the prosecution, the petitioner drove the cattle away. When questioned by Rudrappa, the petitioner is said have shouted and pushed him. Rudrappa left the place and lodged a complaint for an offence under S.353 IPC. On these facts, the petitioner was prosecuted.

(3.) At the trial, PWs.3 and 4 did not support the case of the prosecution. Relying on the evidence of PWs.1 and 2, the learned Magistrate convicted the petitioner. of the offence under S.353 IPC.