DHANNA RAM Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition under section 397 read with section 482 Crimial P.C. is directed against the order of the learned Sessions Judge, Jhunjhunu, dated Feb. 7, 1978.

(2.) The facts of the case, in brief, which are relevant for the disposal of this revision petition, are that the accused persons Dhanna Ram, Suraj Bhan, Balveer, Chhitar and Chanderbhan, were charge-sheeted under section 447, 380 and 341 I.P.C. One Bhinvaram had purchased a Guwadi on Nov. 29, 1973, from Lachhman for a sum of Rs. 1000.00 by means of a registered sale deed. Bhinvaram was put into possession. It was contended that the accused persons broke open the wall and created a way through the wall to the land attached to the Guwadi, and further obstructed the way of complainant by placing bars. In one Kothri, certain goods were lying, of which possession was taken by the accused persons.

(3.) The police submitted a challan against the accused persons in the court of the Judicial Magistrate, Chirawa. The trial Magistrate convicted the accused Dhanna under section 447 I.P.C. to 15 days R. I. and to a fine of Rs. 100.00 under section 341 I.P.C. in default of payment of fine, to further imprisonment for 7 days, it was ordered that the possession of the land be restored back to Bhinvraj.