RAMCHAND Vs. KISHANGOPAL

JUDGEMENT

(1.) THIS is a reference under sec. 438 of the Criminal Procedure Code by the Additional Sessions Judge, Jhalawar, in case under sec. 341 I. P. C. The complaint who is the opposite party made a complaint that he was the tenant of certain house which has now been purchased by the accused Ramchand. He had been using a privy and a well in a chowk which was accessible through a door in the west. The accused Ramchand took possession of a kothri towards the west from the complainant which had formerly been in his possession and the rent was reduced by Rs. 2/- on this account. After taking the kothri in his possession the accused Ramchand locked the western door making it impossible for the complainant to go through it to the privy and the well in the chowk. It was alleged that the accused Ramchand and Chauthmal both of whom had locked the door were guilty of an offence under sec. 341 I. P. C. and should be convicted and punished accordingly.

(2.) CHAUTHMAL denied any connection with the closing of the door. Ramchand said that he had become the owner of the house and had obtained possession of the kothri from the complainant with his consent and was using that kothri as a cooking place. He had closed the door after occupying possession over the kothri. He denied having committed any offence of wrongful restraint. The learned Magistrate, First Class, Bhiwanimandi, who tried the case, acquitted CHAUTHMAL but convicted Ramchand under sec. 341 I. P. C. and sentenced hint to a fine of Rs. 40/ -. Ramchand went in revision to the Sessions Court and the Additional Sessions Judge, Jhalawar, has made this reference recommending that the conviction and sentence be set aside as no offence under sec. 341 I. P. C. was made out.