SRI B.L. MEHRA Vs. STATE

JUDGEMENT

(1.) THIS is a revision by B.L. Mehra against the confirmation of his conviction and sentence under Section 379, IPC by the Assistant Sessions Judge Dehra Dun. The applicant occupies a bungalow on the Rajpur Road. It was alleged that he got a number of bamboos cut from the bamboo clumps inside the compound. He denied cutting them and alleged that some persons who may be on behalf of the landlords were cutting the bamboos, he took objection to the same and thereupon they gave up cutting the bamboos. The courts below have found against the accused and held that it was he who got the bamboos cut and that the number of bamboos actually cut were more than what remained on the ground and were alleged to the total number of the bamboos cut according to accused.

(2.) THERE may have been a friction between the applicant and the landlord on account of his alleged forcible occupation of the bungalow but the finding of fact arrived at by the courts below has to be accepted. -

(3.) LASTLY it is urged that the sentence of Rs. 100 fine is heavy. I do not consider so when I find that a number of bamboos were also actually appropriated by the accused.