BHAGWAN SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This criminal revision application is directed against the judgment and order dated 6th January, 1989, passed by the 7th Additional Sessions Judge, Paiamau at Deltonganj dismissing the petitioners criminal appeal No. 32/87 and affirming the judgment of conviction and sentence passed under Sections 353 and 186 of the Indian Penal Code on 31-3-1987 in G.R. Case No. 288/83 by the 2nd Judicial Magistrate, Latehar with modification in sentence.

(2.) The petitioners were prosecuted on the basis of charge-sheet submitted by police. The First Information Report of the case was registered on the basis of the written report (Ext. 2) by Shri Geeta Nand Jha (PW 9) Nazir Civil Court, Latehar. The prosecution case, in brief, was that on 25-7-1983 at about 9 a.m. Shri Geeta Nand Jha (PW 9) had gone to the house of petitioner No. 1 at Latehar along with Shri Chamari Thakur (PW 3) the 'decree holder' of Execution Case No. 9/67 and decree holder's two sons Naresh Thakur (PW 1), Suresh Thakur (PW 2), Court peon Nand Lal Baitha (PW 5) and Gupteshwar Ram (PW 6) to execute a writ of delivery of possession. He found the main door of the house to be closed from inside. It was' not opened by the inmates of the house on the ground that male members were not present. It was alleged that in the mean time petitioner No. 1 arrived there and when he was shown and explained about the writ of delivery of possession he refused to get the door opened whereupon the Nazir (PW 9) asked the decree holder to break-open the door and accordingly the decree holder and his sons proceeded to break open the door but they were prevented by petitioner Nos. 1 and 2. It was further alleged that petitioner Nos. 2 and 3 hurled abuses. Apprehending breach of peace shri Geeta Nand Jha (PW 9) returned without executing the writ of delivery of possession.

(3.) The petitioners denied the charges and alleged false implication.