STATE OF KERALA Vs. OTHENAN KORAN PANICKER

JUDGEMENT

(1.) The question raised in this appeal against acquittal is whether standing crops are movable property within the meaning of the Madras Revenue Recovery Act (Act II of 1864).

(2.) The accused, a person owning land in the village of Kunhimangalam, in the former district of Malabar where the Madras Revenue Recovery Act is in force, was admittedly in arrear with the revenue to the extent of Rs. 16-13-0. The prosecution case is that on the authority of the warrants, Exts. P1 and P2 both dated 16-1-1957, duly issued to him by the Tahsildar of Cannanore under S.8 of the Act, PW 1 the Adhikari of the village, attached the crops standing on the accuseds land on 23-1-1957. This was after PW 1 had shown the accused the written demand in Exts. P1 and P2 and the accused had declined to pay the money on the ground that he had no money with him. The accused also declined to accompany PW 1 to his land for the purpose of witnessing the attachment. But soon after the attachment was effected, Ext. P3, an inventory of the property attached was tendered to the accused, and, on his refusal to accept it, was served by affixture. On 25-1-1957, the accused harvested and removed the attached crops. PWs 4 and 5, neighbouring land owners, saw this. On getting to know of this. PW 1 sent the report, Ext. P4, to the Revenue Inspector the following day. This report was forwarded through the Tahsildar of Cannanore to PW 8, the Sub Inspector of Police, Payyanoor who registered a case under S.379 I. P.C. and proceeded to investigate it. On 27-1-1957, PW 8 searched the accuseds house and recovered ten bundles of newly harvested sheaves.

(3.) When questioned under S.342 of the Criminal Procedure Code the accused denied the attachment and the service of the notice on him. He said that PWs 4 and 5 were giving evidence at the instance of the police but he admitted the seizure of the harvested sheaves from his house and offered no explanation as to how he came by them. He examined no witnesses in his defence.