DEVI RAM Vs. STATE

JUDGEMENT

(1.) This Revision habeen filed against the judgment of Shri Rajinder Nath Aggarwal, Sessions Judge, Mahasu, dated 16th September, 1937, in Criminal Appeal No. 33/M-10 of 1967, dismissing the appeal and upholding the order of conviction and sentence passed by Shri Roop Singh Negi, Magistrate, 1st Class, Jubbal, dated 28th July, 1967, against Devi Ram, the petitioner herein.

(2.) The case of the prosecution was as follows : - One Jhinu Ram had obtained a decree for Rs. 1891.50 paise againt one Bir Singh, a resident of the village Kadi. The decree holder, in execution of the decree, got the property of the judgment-debtor attached. On 8th January 1964, the executing court issued a warrant of sale which was made returnable on 27th February 1964. The date of sale was fixed as 18th February 1964 The warrant of sale that was issued was for Rs. 1391 50 paise. The said warrant was sent to the Tehsildar, Chopal, for execution, and the said Tehsildar entrusted the warrant for execution to Devi Ram the petitioner herein, who was a bailiff.

(3.) On 18th February 19P4, Devi Ram accompanied by a peon, Kundan Singh, and the decree holder, Jhinu Ram, went to the village of the judgment debtor, Bir Singh. Two persons, namely, Sunder Singh and Durga Singh, were summoned to the house of judgment-debtor. Devi Ram asked the judgment-debtor whether he was willing to pay the decretal amount and also told him that If he did not pay the amount, his property would be sold. The judgment-debtor expressed his willingness to pay the decretal amount.