GULAB DIN Vs. STATE

JUDGEMENT

(1.) THIS criminal revision is directed against the order of the learned Sessions Judge, Udhampur dated 31.12.1975 dismissing an appeal filed by the petitioners and confirming the order of conviction and sentence passed by the learned Munsiff Judicial Magistrate First Class, Ramnagar.

(2.) IT appears, that one Feroz Din, a process server of the Court of Munsiff, Ramnagar was entrusted with an attachment warrant issued by the said court in an execution application for execution, against the movable property of Mir Baz, judgment debtor. He was accompanied by one of the decree holders, as also one Chowkidar and one constable when he went on spot. The judgment debtor did not make the payment of decretal amount in cash and, therefore, as she-buffalo belonging to him was attached. As nobody was prepared to take the buffalo on 'supardnama' they carried it along with them. On their way, they were attacked by the accused persons. The she-buffalo was snatched away from them and they were assaulted.

(3.) THEY filed an appeal in the court of the learned Session Judge, Udhampur which was dismissed. Hence, the revision.