THANGAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner was the 1st accused in CC. 67/59 on the file of the Sub-Magistrate of Ponnani. He was convicted by the learned Magistrate under S.353 and 225B, IPC., and sentenced to rigorous imprisonment for 4 months under S.353 and rigorous imprisonment for 2 months under S.225B. On appeal the District Magistrate of Palghat set aside the conviction under 353 IPC., but confirmed the conviction under S.225B and reduced the sentence to a fine of Rs. 300. This revision has been filed against the above said order. When the matter came up for hearing before our learned brother Velu Pillai, J., it was referred to a Division Bench on the ground that on one of the questions arising for decision in the case there was a conflict of opinion between the decisions reported in Fattu v. Emperor, AIR 1932 All. 692 and Puna Mahton v. Emperor AIR 1932 Pat. 315.

(2.) The facts of the case necessary for the disposal of this petition are as follows:-

(3.) Pws. 3 & 4 went with Pw. 5 an agent of Pw. 7 to Pattambi on 10th June 1958. They found the judgment - debtor the second accused in the market selling fish. Ext. P2 was duly served on the second accused and he accepted the notice and affixed his thumb impression. Then Pw. 4 showed the warrant and notified the substance thereof to the second accused and duly effected his arrest He refused to sign the warrant and an altercation ensued and there was some confusion and trouble & a large crowd gathered at the place. The petitioner who was the President of the Panchayat on hearing about it came to the place and asked Pw. 4 as to how he was attempting to serve a warrant in the market without his permission. He directed the 2nd accused to go away saying that he would see about it. On being thus instigated and incited the 2nd accused struggled and escaped from the clutches of the, Amin. It is stated that the petitioner then pushed out Pw. 4 out of the market.