RATTA Vs. STATE

JUDGEMENT

(1.) RATTA and three others have filed this appeal against the judgment of the Additional Sessions Judge, Sirohi dated 31st August, 1965, convicting all the four appellants for an offence under sec. 448 Indian Penal Code and sentencing each one of them to three months' rigorous imprisonment. By this judgment, RATTA has been further convicted for an offence under sec. 430 Indian Penal Code and sentenced to six months' rigorous imprisonment, but the learned Judge ordered both the sentences in his case to run concurrently.

(2.) THE facts out of which this case arises are as follows: Baggaram had taken on lease the Arath along with a well belonging to the temple known as Khet Laji's temple. This lease was given to complainant Baggaram for two years. Along with this lease a duty was cast on the complainant to perform the seva puja of the temple and to manage the Dharamshala which was attached to the temple for the use of the pilgrims. It appears that Baggaram installed a water pump in the well for irrigation purposes as well as for the supply of water to the villagers. Before the term of the lease expired the villagers, including the four trustees of the temple, leased out by auction this land for the next two years to Lalla appellant. After the expiry of the lease period Baggaram did not hand over the possession of the property to the trustees of the temple and kept in his possession the land, the well, the temple and Dharamshala on the plea that the period of his lease was not for two years but five years. THE villagers thereupon lodged a complaint against complainant Baggaram in the Nyaya Panchayat, Goyali for his high handendness. THE Sarpanch of the Nyaya Panchayat, who is also an appellant before this Court, served Baggaram with a notice that he should hand over the possession of the temple and the Dharamshala as well as the well within two hours of the receipt of the notice, otherwise the trustees will be permitted to take possession thereof. On receipt of the said notice, Baggaram started for Sirohi for legal advice. In his absence it is alleged that the Sarpanch Javerchand along with 10 other persons went on the spot and he asked the trustees to break open the lock of the Dharamshala which is only a room attached to the temple and made Ratta Lohar to disconnect the pipe of the water pump installed by Baggaram in the well from the engine. This was done on the 10th of June, 1963, after two days of the alleged expiry of the term of the lease granted in favour of Baggaram. For two days Bagga Ram did not take any action against the Sarpanch of the Nyaya Panchayat and the persons who assisted him in taking the possession of the temple, the Dharamshala and for disconnecting the pipe from the engine. On the third day a report was lodged by Baggaram at Police Station for taking such action against these persons as is warranted by law. THE Sub Inspector registered a case under sections 143, 448, 149 and 430 Indian Penal Code and started investigation. As a result of this investigation, the Station House Officer submitted a charge sheet against 11 persons including the four appellants in the Court of the Munsiff Magistrate, Sirohi. THEreafter, a transfer application was moved in the court of the Sessions Judge, Pali and the case was transferred to the Munsiff Magistrate, Abu Road but after some time it was re-transferred to the court of the Munsiff Magistrate, Sirohi by the learned Sessions Judge on an application made on behalf of certain co-accused, but a direction was issued by the learned Judge that the case be committed to the court of session for trial. It is in this manner that the case went to the court of the learned Additional Sessions Judge and it was tried by him.