NARAYAN MAHARANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this revision the order passed by the learned Additional Sessions Judge, Bhubaneswar maintaining the conviction and sentence of the Petitioner under Sections 448 and 506 of the Indian Penal Code (I.P.C. for short) has been challenged.

(2.) THE prosecution case is that there is a temple and a residential building locally known as Talabangala on plot No. 2336 appertaining to Khata No. 1810 in the old city of Bhubaneswar. Deity Shri Balunkeswar is enshrined in the temple. The entire plot is recorded in the record -of -rights in the name of Lord Lingaraj, the presiding deity Bhubaneswar. The Trust Board constituted under the provisions of Section 27 of the Orissa Hindu Religious Endowments Act (for short, the 'O.H.R.E. Act') in respect of the endowment of Lord Lingaraj is in management of all the properties movable and immovable, belonging to the said deity including the disputed property. Seva Puja of deity Shri Balunkeswar Dev is performed in the temple and the residential building was let out to Narasingha Rao and Rama Chandra Das on monthly rent for residential purpose. When they vacated the residential building, the Petitioner forcibly occupied the same and the occupation disturbed the Seva Puja of the deity. Therefore, the members of the Trust Board approached him to vacate the disputed property.

(3.) THE learned Judicial Magistrate, who tried the case, accepted the prosecution case and found the Petitioner guilty of both the offences and accordingly convicted him. For the offence under Section 448, I.P.C. he sentenced him to undergo rigorous imprisonment for one month and for offence under Section 506, I.P.C. sentenced him to undergo rigorous imprisonment for one year. On appeal the learned Additional Sessions Judge agreed with the findings recorded by the learned Judicial Magistrate and dismissed the appeal. Thus, the Petitioner has approached this Court in revision against the concurrent findings of the learned courts below.