MD. SHAFIQUE AND ORS. Vs. MALEKA KHATUN

JUDGEMENT

(1.) These three petitioners were tried by a Magistrate at Alipore upon charges under section 147, 341 and 448 of the Indian Penal Code. The trying Magistrate believed the evidence that was adduced before him, convicted the petitioners of the three charges and sentenced each of them to suffer rigorous imprisonment for four months under sections 147 and 448, the sentences being directed to run concurrently. No separate sentence was, however, passed under section 341 of the Indian Penal Code. The Magistrate further directed under section 522 of the Code of Criminal Procedure restoration of possession of a house to the complainant opposite party.

(2.) An appeal was taken against the convictions and sentences and the learned Additional Sessions Judge, who heard the appeal set aside the convictions under sections 147 and 341 of the Indian Penal Code, but maintained these under section 448 and substituted a sentence of Rs. 25 each in default rigorous imprisonment for two weeks each for the substantive sentence of imprisonment passed under the section by the Magistrate. It appears that there was no order made by the learned Additional Sessions Judge as respects possession directed to be delivered under section 522 of the Code of Criminal Procedure. The petitioners thereafter moved this Court and obtained the present Rule.

(3.) The allegations against the petitioners briefly stated were that on the 14th of April, 1953, these petitioners along with others numbering about 10 to 15 entered the complainant's room, threw away her movables, beat her up and drove her out of the room. Evidence was called by the complainant in support of the case which she made and charges of rioting, of wrongful restraint and of criminal trespass were framed against the petitioners. The petitioners pleaded not guilty to the charges and the defence appears to be that the petitioner Shafique had purchased the land with the structures from one Mariam Bibi and the other two petitioners were tenants in possession under him.