ATAR KHAN Vs. THE STATE

JUDGEMENT

(1.) THIS is an application in revision against the appellate order of the Additional Sessions Judge, Upper Assam Districts confirming the conviction of the petitioner Under Section 188, I. P. Code, and modifying the sentence imposed on him.

(2.) THE short facts are as follows. On 26 -12 -55, a petition was filed by one Rani Begum before the Additional District Magistrate, Dibrugarh, alleging her dispossession from certain lands at the instance of the petitioner and mentioning therein that there was an apprehension of a Breach of the peace between the parties. The learned Magistrate, upon the petition itself, made an. order to the effect that the Moran Police should attach the disputed lands and submit a report Under Section 145, Cr.PCod,?. On 28 -12 -55. it is said that the Police attached the lands in dispute, and on 3 -1 -56, a petition was filed by said Rani Begum before the Additional District Magistrate alleging that the petitioner, in spite of the attachment of the disputed lands had entered into the said lands forcibly grid completed construction of the house standing there -on, and thereby violated the order of attachment. Upon this petition, the learned Additional District Magistrate made a complaint in writing on 30 -1A 56 Under Section 188, I. P. Code. Thereafter the petitioner was tried and convicted Under Section 188 of the "lode and sentenced to rigorous imprisonment for one month and also to pay a fine of Rs. 50/ -. in default, further rigorous imprisonment for one month. Against this order of conviction,, there was an appeal and, on appeal, the conviction has been upheld, but the learned Additional Sessions Judge has altered the nature of the imprisonment, namely, from rigorous to simple imprisonment, and the Imprisonment in default of payment of lion, has also been similarly altered. With these modifications in the sentence, the appeal was dismissed. Hence this application In revision. Mr. Gaswami the learned Counsel appearing on behalf of the petitioner submits:

(3.) SECTION 145, Cr.PCode, Sub -clause (1) specifically mentions that if the Magistrate is satisfied that a dispute likely to cause a breach of the peace exists "he shall make an order in writing, stating the grounds of his being so satisfied... ''