GARIB JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner was convicted in respect of the offence under Section 380 of the Indian Penal Code to undergo rigorous imprisonment for six months.

(2.) THE case of the prosecution in short is that informant Chiranji Jha (P.W. 5) was the tenant of the petitioner at the monthly rental of Rs. 8/ -. The petitioner insisted for an enhancement of the rent. The informant did not accept the request of the petitioner. It is said that on the 20th of October, 1966, the informant, Chiranji Jha, went to his village. When he came back on the 1st of November, 1966, he found his lock broken and another lock was fixed in his room. It is said that the petitioner removed the articles of the informant from his room. On these facts the trial Court convicted the petitioner and sentenced him as stated above.

(3.) AGAINST that judgement the petitioner preferred an appeal to the Sessions Judge. In appeal, the learned Assistant Sessions Judge was pleased to remand the case for examining the investigating officer. The learned Assistant Sessions Judge directed that after, examining the investigating officer the Magistrate will give a fresh decision in accordance with law.