BHAGABAN MISRA Vs. THE STATE

JUDGEMENT

(1.) THIS revision is directed against the order of the learned Sessions Judge, Puri confirming an order of a Magistrate 1st class, Puri, convicting the accused -Petitioner under Section 188 Indian Penal Code and sentencing him to pay a fine of rupees fifty one or in default simple imprisonment for one month Case No. C(II) 29 of 1926.

(2.) THE facts shortly are these On November 5, 1954, the Rent Suit Officer, Puri, made a prohibitory order under Section 79 of the Orissa Tenancy Act for appraisement and division of the crop in respect of the plot Nos. 287 and 374/506 in village Ugresardeuli. It is alleged that the accused -Petitioner was the recorded tenant in respect of the said land and that he had sold the said land by a registered Kabala which, however, is not n record in the present case. I shall not rely on this document in deciding the present application. On November 22, 1954 it is said that notice was served on the accused -Petitioner and the prohibitory order was duly proclaimed by beat of drums on the land. The accused -Petitioner is said to have refused to accept personal service of the notice and thereupon it was affixed on his front door. Subsequently, as the prosecution case is, the accused -Petitioner cut the crops and thereby disobeyed the prohibitory order passed by a public servant for which he was prosecuted under Section 188 Indian Penal Code.

(3.) IT appears from the evidence of the prosecution witnesses, that the process -server (P. W. 4) had served the prohibitory order (ext. 2) on the accused Petitioner. P.W. 3 was a witness to the attachment of the crop in the land in question P.W. 1 was the landlords agent who identified the land to the said process -server. P.W. 2, who was a neighbouring tenant, stated that he was present when the attachment order was promulgated and that the crop was standing on the land at the time.