LALLU AND ORS. Vs. THE STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment of the learned Additional Sessions Judge No. 2. Sriganganagar dated May 8, 1971, by which he convicted and sentenced the appellants as follows:

(2.) UNDER Section 353 of the Indian Penal Code, to further rigorous imprisonment for 15 days.

(3.) LEARNED Counsel for the appellant then referred me to Re Chitravelu Thevar and Ors. AIR 1941 Mad 763 Gobaria v. State, 1964 RLW 617 and Mithukhan v. which go to show that where the seizures are illegal, the accused cannot be convicted under Section 395 or Section 353 or both of he Indian Penal Code for taking away, even by show, force the property which in fact and in law belong to them and did not pass into the lawful custody of the Tehsildar and for that matter to the police. On the contrary, they could make avoid claim to right of private defence of property.