DEVKI NANDAN AND ANOTHER Vs. THE STATE

JUDGEMENT

(1.) THE tacts of this case are briefly given below: Bawa Hans Raj (P. VV. 1), a medical practitioner at Rohtak, made a complaint on the 20th December 1961 against the Petitioners Devki Nandan and Ved Parkash under Section 448, Indian Penal Code, alleging that he was occupying a Chobara as their tenant for the last about 23 years or so and had been paying rent to them. On the 25th October, 1960 after the floods he was informed by Mahabir Singh (P. W. 2) that the Petitioners broke open the lock of his Chobara and, after throwing out his belongings, took possession of it. The complainant went there and protested to the Petitioners for their misbehaviour, but he was abused and threatened. Bawa Hans Raj then sent a written complaint to the Superintendent of Police, but it had not the desired effect. Thereafter, he lodged a report on the 17th April 1961 as a result of which the Petitioners were sent up for trial. Shri Gurmel Singh Bams, Magistrate III Class, Rohtak, found the Petitioners guilty under Section 448, Indian Penal Code, and sentenced them to pay a fine of Rs. 40/ - each, or in default to undergo 15 days' simple imprisonment. The possession of the Chobara also was ordered to be restored to the complainant. The Petitioners went up in appeal to the Court of Session. Shri Manmohan Singh Gujral, Sessions Judge, Rohtak, after giving adequate reasons acquitted them, but held that he could not restore possession of the Chobara to them as he had no such powers, vide his order dated the 2nd May, 1962. The Petitioners have now approached this Court in revision.

(2.) THE stand of the Petitioners was that the complainant had vacated the Chobara in question before the Hoods and bad handed over the key to them in the presence of Shri Parkash Chand, Advocate (D. W. 1) and Balwant (D. W. 3). They further stated that they were not at Rohtak on the 25th October 1962, the alleged day of trespass, Devki Nandan being at Calcutta and Ved Parkash at Kaithal.