NAURANG Vs. JANTA

JUDGEMENT

(1.) The petitioners Naurang and Nanda were convicted by a second class Magistrate for an offence under Section 447, I. P. C., and sentenced to a fine of Rs. 25/- each or 20 days' simple imprisonment in default. Their appeal was dismissed by the learned District Magistrate of Chamba on 3-5-1951, and now they have coma up in revision to this Court.

(2.) The learned counsel for the petitioners challenged the finding of fact as to the land in question having been in possession of the complainant Janta. A concurrent finding of fact has, however, been recorded by both the Courts below on that point, and, as the only ground urged in this connection was that on a proper appraisal of the oral and documentary evidence on the record a different finding should have been arrived at, there is no justification for interference with that finding.

(3.) Nor is there any force in the contention that the alleged act of the petitioners amounted merely to a civil as distinguished from a criminal trespass. The difference between a civil and a criminal trespass is that in the latter one of the criminal intentions mentioned in Section 441, I. P. C., should be present. So far as that is concerned, there is a clear finding of the learned District Magistrate that the trespass was committed by the petitioners with the intention of annoying the complainant who was in possession of the property.