JAGANNATH SINGH Vs. SANGEET KISTAYYA

JUDGEMENT

(1.) JAGANNATH Singh and Kundan Singh were, on a complaint by Sangeet Kishtaiyya, convicted for offences of criminal tresspass and assault otherwise than on grave provocation under Sections 376 and 292, Hyderabad Penal Code and sentenced to pay a fine of Rs. 40/- and Rs. 10/- for each offence respectively. The learned District Magistrate, Asafabad, on separate appeal by the accused upheld the conviction and sentence passed by the Magistrate at Chinnoor.

(2.) AS no second appeal was open to the accused in view of the provisions of Section 339, Hyderabad Criminal Procedure Code, they have applied in revision separately under Section 364 of the Code.

(3.) THESE revisions, which will be governed by this judgment were in the first instance heard by Mr. Justice Manohar Pershad. On the authority of 'in the matter of Govind Prasad 2 All 465, Shah Muhammad v. Ganesh Das 2 Crilj 83 (Lah), Bhupat Mandal v. Kartik Jha AIR (23) 1936 Pat 170, Raghava Reddy v. Yera Reddy 20 Deccan LR 457 and Syed Ahmed v. Sarkar-e-Aalee 24 Deccan LR 154, it was argued before the learned Single Judge on behalf of the petitioner that re-entry into land from which a person has been ejected by civil process or of which possession has-been given to another is not a criminal trespass unless the intent to commit an offence or to intimidate, insult or annoy is conclusively proved; and Queen Empress v. Rayapadayachi 19 Mad 240 was relied on for the propositions that although a trespasser may know that his act if discovered will be likely to cause annoyance it does not follow that he does the act with that intent. The learned Advocate for the complainant-opponent to support the judgments of the Courts below referred in his arguments to Shanker Singh v. Sarkar-e-Aalee 32 Deccan LR 228, Sarkar-e-Aalee v. Lingappa 35 Deccan LR 173 and Pedda Narasaiyah v. Sarkar-e-Aalee 36 Deccan LR 7 at p. 8 to show that re-entry of ejected person after execution of decree would raise a presumption that re-entry was with the intent to intimidate or annoy within the meaning of Section 371, Hyderabad Penal Code.