SUBHAN Vs. STATE

JUDGEMENT

(1.) APPLICANT Subhan has preferred this revision. The trial magistrate by his order dated 15-11-1971 convicted the applicant under Section 448, I, P. C. and sentenced him to a fine of Rs. 1,000/- and in default to undergo rigorous imprisonment for three months. The Magistrate further directed the applicant to hand over possession of the house within one month to the complainant. On appeal by the applicant the learned Sessions Judge by his order dated 16-2-1971 upheld the conviction of the applicant under Section 448, I. P. C but reduced the sentence of fine from Rs. l. 000/- to Rs. 500/- and in default of payment of fine as modified by the Sessions Judge, the applicant was directed to undergo rigorous imprisonment for one and a half months.

(2.) THE applicant along with five others, namely, Ramzan, Luqman Majid. Om Prakash Urf Uma and Uchai was prosecuted under Sections 448, 352, 506 and 147, I. P. C. in the Court of the magistrate on a complaint dated 15-12-1970 filed by Mohammad Mohsin. The allegations in the complaint were that Mohammad Mohsin at the request of applicant Subhan had allowed him to keep his stock of vegetables in the complainant's house for a week, but after the expiry of one week Subhan did not vacate the premises and in fact started living therein. In spite of request from the complainant, Subhan refused to vacate the premises and also refused to receive written notice to vacate the premises. The notice was affixed to the premises. Thereafter on 15-12-1970 at about 9. A. M. Subhan along with the five other persons armed with lathis came and started abusing the complainant and also threatened him with dire consequences in case the complainant did not allow Subhan to live in the house. In support of these allegations the complainant examined himself and three other witnesses.

(3.) APPLICANT Subhan pleaded not guilty and denied the charges levelled against him.