DHANI DIBYA Vs. KASINATH NANDA

JUDGEMENT

(1.) THIS is an appeal against the order of acquittal passed by the Assistant Sessions Judge, Puri, in Criminal Appeal No. 31/9 of 1976.

(2.) THE accused, respondent herein, had been convicted by the trial court for an offence under Section 448 I. P. C. and was sentenced thereunder to pay a fine of Rs. 50/ -, in default to undergo S. I. for one week. On appeal by the accused, the appellate court has acquitted him of the said offence.

(3.) THE prosecution case, in short, is that the complainant (P. W. 1) a widow, in execution of a decree in her favour in Execution Case No. 25/69 of the Court of the Munsif, Puri, got delivery of possession of her house in Harachandi Sahi in Puri town in the afternoon of 30.7.1971. After receiving delivery of possession she resided in that house, but in the early morning of 31.7.1971, the accused forcibly entered into the said house by assaulting her with an iron rod and causing bleeding injury on her head. Thereafter the accused physically and forcibly drove away the complainant out of the said house and remained in forcible possession of the same.