K. SUDHAKARA SHENOY Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant in Cri. Appeal. JMo. 211/2004 on the file of the Additional Sessions Court (Ad hoc)-III, Kasaragod has approached this court challenging the correctness legality and propriety of the judgment, confirming the conviction passed against him in C.C.No. 436/1999 by the Judicial First Class Magistrate-1, Wosdurg. He has also questioned the correctness of the judgment in appeal, enhancing the sentence awarded against him by the learned Magistrate.

(2.) The prosecution was set in motion on the complainant by the Munsiff, Hosdurg. An Amin attached to the Principal Munsiff Court, Hosdurg was entrusted with the duty of execution of warrant against the accused/judgment debtor (herein after referred to as the accused) in a money suit. On 31.3.1999 at about 9 a.m. the Amin went to the residence of the accused to execute the warrant issued against him in E.P.No. 204/1998 on the file of the Munsiff Court, Hosdurg. When the Amin reached at the residence of the accused, he was standing on the verandah of his house. Then the Amin introduced himself to the accused and informed that he came to execute the warrant of arrest issued against him as the judgment-debtor, by the Munsiff, Hosdrug. The accused then admitted that he is the judgment debtor mentioned in the warrant and thereafter the Amin read over the contents of the warrant and demanded him to pay the amount mentioned in the warrant. But he refused to pay the amount. Then the Amin demanded him to submit for arrest for execution of the warrant as per law, but he refused to obey his directions and did not accompany him to the court. Instead, he then immediately entered into the house and closed the front door and remained Inside the house. The Amin had to wait outside the house for a while, but the a accused remained inside and so he could not execute the warrant Thus the Amin was prevented from discharging his official duty and thereby he committed an offence punishable under Sec. 225 (B) of Penal Code . This is the version of the prosecution.

(3.) On the report of the Amin a complaint against the accused was lodged by b the learned Munsiff, Hosdurg and the case was registered. The learned Magistrate had examined the Amin as PW1 and marked Ext.Pl series and lxt.P2. After trial the accused was found guilty and convicted for the offence under Sec. 225 B of Penal Code and sentenced him to undergo simple Imprisonment till rising of the court and to pay a fine of Rs.2000.00, failing which to undergo simple imprisonment for a further period of one month.