IN RE: NATESA MUDALIAR Vs. STATE

JUDGEMENT

(1.) THE petitioner has been convicted under Sections 457 and 380 of the Indian Penal Code. Section 457 of the Indian, Penal Code concerns lurking house -trespass which is defined in Section 443. It is house -trespass after taking precautions to conceal the house -trespass from the person who has a right to exclude the trespasser from the building. Section 380 of the Indian Penal Code concerns theft in a building. It should be clear that it is quite possible to commit the offence of lurking house -trespass without stealing anything at all just as it is possible to commit theft in a building without committing lurking house -trespass. The offences are therefore quite distinct. A Bench of this Court has discussed this topic in connection with Sections 147 and 323 of the Indian Penal Code. In the case reported in In re Ponniah Lopes, Bardswell, J., observes:

(2.) THE petition is dismissed.