NATABAR CHAKRA Vs. SACHIDANANDA MISRA

JUDGEMENT

(1.) THIS criminal revision arises out of the judgment dated 27th July, 1985 passed by Sri D.M. Patnaik, Sessions judge, Mayurbhanj, Baripada in Criminal Appeal No. 63 of 1982 upholding the conviction of the Petitioner under Section 427, I.P.C. and sentencing him to pay a fine of Rs. 100/ - and in default to undergo S.I. for fifteen days instead of the sentence of S.I. for three months awarded by the trial Court.

(2.) THE relevant facts are that on 4 -5 -1981 in the morning hours the complainant carried on the work of plastering of gaps in between the edge of his tin roof of the tin -shed and the eastern wall side of the Petitioner with a view to prevent rain water entering into the tin -shed through the gap. At about 4.30 p. m. the Petitioner went over the roof and removed the plastering with the help of a crowbar. The complainant reported the matter at the P.S. on 5 -5 -1981 and on the basis of the report a station diary entry No. 438 dated 5 -5 -1981 was made. As the case was non -cognizable, the police advised the complainant to file a complaint petition and hence the complainant filed a complaint petition on 5 -5 -1981. In these circumstances, the Petitioner stood his trial. The trial Court convicted the Petitioner under Sections 427 and 504, I.P.C. The appellate Court acquitted the Appellant of the offence under Section 504, I.P.C. and convicted the Petitioner under Section 427, I.P.C. and modified the sentence and awarded the sentence to pay a fine of Rs. 100/ - only.

(3.) THE finding of the appellate Court is that the Petitioner removed the cement plastering in question and thereby caused wrongful loss to the complainant to the extent of Rs. 80/ -.