SHYAM NARAIN MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS revision has been filed against the conviction of the applicant under Section 342 I.P.C. and the sentence of fine of Rs. 400, and in default two months R. I.

(2.) THE case of the prosecution, in brief, was that the complainant lived on the second floor. The accused lived in the ground and the first floors. He locked the door of the second floor thereby making impossible, for the complain­ant and members of his family to come out.

(3.) THERE can be no reason for a person believe that he has a lawful right obstruct the passage of a person so to force him to remain confined in the house in which he lives. A person can of be deemed to believe in good faith that he has a lawful right to obstruct the passage by closing the door which is necessary for the occupant's egress and ingress. The 'exception' cannot,therefore, be attracted to the present case.