DEBRAJ ROUL AND 6 ORS. Vs. BRUNDABAN NAYAK

JUDGEMENT

(1.) THE Petitioners Nos. 1 and 2, Debraj Roul and Basu Roul respectively, stand convicted under Section 448, Indian Penal Code and they are sentenced thereunder each to pay a fine of Rs. 40/ - in default to undergo Section I. for 20 days each. The other 5 Petitioners have been convicted under Section 426, Indian Penal Code and they have been sentenced thereunder each to pay a fine of REI. 20/ in default to Section I. for 10 days each. While convicting and sentencing them as above the Court passed an order under Section 522, Code of Criminal Procedure directing the Officer -in -charge, Berhampur Taluk P.S. to deliver possession of the house in question to the complainant.

(2.) MR . Kanungo, the learned Counsel for the Petitioners made an unsuccessful attempt to assail the findings of the Court below that on the date of occurrence the Petitioners Debraj and Basu committed the offence of house trespass. Mr. Kanungo wanted to assail the above mentioned concurrent findings of fact merely on grounds of improper appreciation of the evidence on record, and as be could not show anything manifestly perverse or patently erroneous about the said findings. I would not interfere with the same so far as it related to the occurrence of house trespass on that day. As such the conviction of the Petitioners Nos. 1 and 2 under Section 448, Indian Penal Code is maintained.

(3.) IT was seriously contended by Mr. Kanungo that on the prosecution evidence, as enumerated by the Court below, all the essential requirements on which an order under Section 522, Code of Criminal Procedure could be passed were not established in this case, and so the Court 's order under Section 522, Code of Criminal Procedure is bad in law and is liable to be vacate. In this connection he further contended that the Court finding, that the above mentioned trespass was done by show of criminal force, being a bald one and was arrived at without any cogent discussion, consideration and/or sifting of the evidence on record with regard to this aspect, and being contrary to the evidence on record, was liable to be set aside.