BIMAL RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) ORDER :- Case of the prosecution is that Ram Swarup Pathak (P.W. 5) had purchased 1 Katha 3 dhurs of plot No. 249, Khata No. 9 along with a house standing thereon from Bishundeo Ram and his father Ram Prasad in the year 1966 vide registered sale deed (Ext. 4). The house was thereafter let out to Ram Prasad on monthly rent of Rs. 40/-. The first informant filed ejection suit which was decreed and in execution of that decree possession was delivered to the first informant on 30-8-1981. Petitioners are the grand sons of the said Ram Prasad. Case of the prosecution further is that on 11th January, 1982 at about 7. a.m. when appellant happened to go to the aforesaid house situated in Mohalla Nawranga he both the petitioners along with several other persons demolishing the house. They were seen removing roof, titles and door planks. Petitioners also pulled down walls and removed the building materials. Ram Swarup Pathak on the same day submitted a written report (Ext. 1) to the Officer-in-charge, Begusarai Town Police Station on the basis of which case was formally registered.

(2.) After completion of the investigation, the petitioners were sent up to stand trial. Judicial Magistrate, 1st Class, Begusarai vide judgment and order dated 30th June, 1987, convicted and sentenced both the petitioners to three months' rigorous imprisonment for an offence under Section 426 of the Indian Penal Code. They were also convicted and sentenced to rigorous imprisonment for six months under Sections 144, 448, 379 and 380 Indian Penal Code on each count. The substantive sentences of imprisonment were, however, made to run concurrently. On appeal being filed, Sessions Judge, Begusarai vide judgment and order dated 23rd February, 1988 dismissed the appeal preferred by the petitioners and maintained the conviction and the sentences passed upon the petitioners. Hence this revision petition by the convicts.

(3.) I have heard learned counsel for the petitioners, A.P.P. for the State and Mr. Sade Nand Roy, counsel for the first informant.