PARGAN CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision is directed against the judgment of the Third Additional Civil and Sessions Judge, Allahabad dated 30th October, 1972 convicting the applicant under Section 447 of the Indian Penal Code and sentencing him to a fine of Rs. 50/ -. In default of payment of the fine he has been ordered to undergo rigorous imprisonment for one month. The Magistrate had further ordered the applicant to remove the encroachment within 5 days of the order failing to do so he was liable to a fine of Rs. 10/-per clay.

(2.) THE case of the prosecution briefly stated is that the applicant had constructed a house at Kilometer No. 217 of the provincial G. T. East. A report was made in the police station and the applicant was asked to desist from doing so but he did not pay any heed to the request. Hence he was served with a notice. The applicant still persisted with the construction. Thereafter a complaint was filed by the Assistant Engineer, P. W. D. against the applicant under Section 447, I. P. C.

(3.) THE applicant denied that the house constructed on the site in question belonged to him. He asserted that the house belonged to his wife Shrimati Bhagwati Devi, He also alleged that no encroachment upon the road had been made and, therefore, the complaint filed was liable to be rejected.