LALIT KUMAR Vs. STATE OF C G

JUDGEMENT

(1.) This revision is directed against the judgment dated 11th of July, 2002 passed in Criminal Appeal No. 62/2001 by the Additional Session Judge, Dhamtari. The said appeal was filed against the judgment & order dated 17.10.2001 passed in Criminal Case No. 1074/99 by the Chief Judicial Magistrate, Dhamtari, by which, the applicant was convicted u/s 456 IPC and sentenced to undergo R.I. for 6 months and to pay fine of Rs. 1,000/-. The conviction and sentences awarded to the applicant have been confirmed in Appeal.

(2.) The case of the prosecution is that on 15.11.99 at about 10.30 p.m., the applicant entered into the courtyard of the house of complainant- Motim Bai (PW-1) and knocked the door of her room and thereby committed an offence of lurking house-trespass by night. According to the prosecution, the applicant after crossing the courtyard of the house came in front of the door of the room of the complainant and knocked the door. Complainant woke up and asked as to who is knocking the door. The applicant did not reply and he again knocked the door. When it was again asked by the complainant, the applicant replied that "I am Lalit". The daughter of the complainant namely Ku. Damin (PW-2) and her friend- Neeta came by that time and saw the applicant standing near the door of the room. The above act of the applicant was taken seriously and ultimately on 18.11.99 at about 14.00 hours, the First Information Report (Ex.-P/1) was lodged by complainant- Motim Bai (PW-1).

(3.) The learned courts below held that since the applicant had entered into courtyard of the house of the complainant and was knocking the door of the room, therefore, he was liable for punishment u/s 456 IPC.